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Digest of School Laws 



FREE SCHOOLS. 

Section 7484. Intelligence and virtue being the 
safeguards of liberty, and the bulwark of a free and good 
government, the state shall ever maintain a general, 
-suitable and efficient system of free schools, whereby all 
persons in the state, between the ages of six and twenty- 
one years, may receive gratuitous instruction. 

state board of education. 

(Acts 1911, Act 431. Approved June 1, 1911.) 

Note: — Act 431, Acts 1911, approved June 1, 1911, creating 
State Board of Education and delegating powers to same, placed 
(here in conformity to sectional digest of existing authorities, is 
properly amendatory to Sec. 7505, Kirby's Digest, g. v., and amends 
Art. 3i28, Acts 1911, approved May 30, 1911, hereinafter set forth 
as Sees. 7699 a. et seq. q. v. 

7484-a. — Of Whom Composed, Etc. 

Section 1. A State Board of Education, to be com- 
posed of the State Superintendent of Public Instruction 
and one member from each congressional district, is 
hereby created. The State Superintndent of Public In- 
struction shall be ex-officio chairman of said board. The 



DIGEST OF SOHOOL UAWtS. 

members of said board, other than the State Superinten- 
dent of Public Instruction, shall be appointed and com- 
missioned by the Governor, subject to confirmation by 
the Senate. 

7484-&. — Members to Subscribe to Oath. 

Sec. 2. The members of said board, other than the 
State Superintendent of Public Instruction, shall take 
and subscribe to the oath of oifice as provided in section 
6763, Kirby's Digest. 

7484-c. — Term of Office of Appointed Members. 

Sec. 3. The term of office of the appointed mem- 
bers shall be seven years, and until their successors are 
appointed and qualified; provided, that in the appoint- 
ment of the first State Board of Education, one member 
shall be appointed for one year, one for two years, one 
for three years, one for four years, one for five years, 
one for six years, and one for seven years. If a vacancy 
shall occur on said board, the vacancy shall be filled by 
appointment, as provided in section 1, and said member 
so appointed sha/11 serve out the unexpired term of the 
riember in whose place he is appointed. 

7484-c?. — When to Convene Annually or Oftener. 

Sec. 4. The State Board of Education shall meet an- 
nually on the first Monday of September of each year, in 
the office of the State Superintendent of Public Instruc- 
tion; provided, the State Superintendent of Public In- 
struction, as chairman of the State Board of Education, 
may convene said board at any time upon five days writ- 
ten notice to the members thereof ; provided further, that 
the chairman of the board shall call a meeting thereof at 
any time upon the written petition of four members of 
said board. 



MAY ^ '^34 

UIVlSlUM of lA)i;uMtNlS 



DIOEIST OF SCHOOL LAWS. 

7484-e. — Members to Perfect Organization of BoarcL 

Sec. 5. As soon as practicable, after the appoint- 
Kient and qualification, the members of said, board shall 
meet in the office of the State Superintendent of Public 
Instruction and elect one of their number secretary, per- 
fect the organization of said board and adopt such rules 
and regulations as they may deem advisable for the per- 
formance of the duties of said board as hereinafter set 
forth. 

7484-f. — Expenses Allowed Only to Members Appointed. 

Sec. 6. The appointed memberTof said board 
shall serve without remuneration, other than their 
actual traveling and hotel expenses when attending the 
meetings of said board, such expenses to be paid upon 
the certificate of the chairman and secretary of said 
board to the Auditor of State, who shall issue his warra.it 
upon the State treasury in payment of same. 

7484-^/. — Board to Have Management of School Funds. 

Sec. 7. The State Board of Education shall 
have the management and investment of the common 
school fund belonging to the State, and shall, from time 
to time, as the same may accumulate, securely invest the 
said funds iui bonds of the United States or the State of 
Arkansas. 

7484-/i. — May Direct Action to be Brought for Recovery 
of School Funds. 

Sec. 8. All moneys required by daw to be paid into 
tlie treasury to the credit of the common school fund 
may, if the same be not paid within thirty days after 
they shall have become due and payable, be recovered, 
with interest due thereon, by action in any court having 



DIGEST OF SCHOOL DAjWS. 

jurisdiction; and such action shall be prosecuted by the 
Attorney General of the State or by the prosecuting at- 
torney of any judicial district within this State, when sa 
directed by said board. 

7484-2. — Auditor to Report to Board Annually Condition 
of School Fund. 

Sec. 9. The State Auditor shall annually, on the 
first Monday in September, transmit to the State Board 
of Education a report of the condition of the school fund 
on the first day of September, with an abstract of the 
accounts thereof in his office. 

7484-/. — Board May Direct Auditor to Draw Warrants 
on School Funds to be Invested in Bonds. 

Sec. 10. The State Auditor shall, under the direc- 
tion of the State Board of Education, draw warrants on 
the State Treasurer for the payment of all or any por- 
tion of the common school fund belonging to the State, 
for the purchase of bonds or other securities in which 
the same is by law invested. 

7484-A:. — Duty of Treasurer. 

Sec. 11. The State Treasurer shall, by virtue of 
such warrant, pay from the uninvested common school 
fund the purchase money for said securities, and shall 
receive and deposit the same in the State treasury for 
safe-keeping, and receipt to the State Superintendent of 
Public Instruction, as 'chairman of said board, for the 
kind and amount of such securities. 

7484-L — Board to Settle Annually With Treasurer. 

Sec. 12. Said board shalU, at their annual meet- 
ing, settle with the State Treasurer all accounts of the 
common school fund not before settled ; and shall ratify 

6 



DIGEST OF SCeOOL L»AWiS. 

the apportionment of the common school funds by the 
State Superintendent of Public Instruction, as provided 
by section 7521 of Kirby's Digest. 

7484-m. — Power to Grant Charters to Institutions of 

Learning, 

Sec. 13. The powers and duties now imposed 
upon the Governor, Secretary of State and the 
State Superintendent of Public Instruction, as a board 
for the chartering of educational institutions, as pro- 
vided in section 924 of Kirby's Digest, shall hereafter 
devolve upon the State Board of Education. Said board 
shall have the sole power to grant charters to academies, 
colleges, universities, and all other higher institutions of 
learning, determine what institutions may confer de- 
grees and under what conditions, inspect all chartered 
institutions, and to revoke their charters, for failure to 
maintain such standards as may be required. All char- 
ters heretofore granted shall be examined by the board 
and it shaill have authority to issue new or revised char- 
ters, if necessary, to bring all into conformity to the 
rules of said board. In dealing with charters, the At- 
torney General shall be consulted and no rule shall be 
adopted or order issued without his approval. 

7484-?i. — County License Made State Wide; How. 

Sec. 14. Any teacher holding a first grade county 
license in any county in this State, desiring to have said 
license made state-wide, may apply to the State Superin- 
t€*ndent of Public Instruction for an examination. It 
shall be the duty of the State Superintendent of Public 
Instruction under the supervision of the State Board 
of Education, to examine said applicant and to deter- 
mine whether or not his license shall be made state- 
wide. Said examination shall be made by said Super- 



DIGiEiST OF SOHOOL DAiWIS. 

intendent of Public Instruction by an examination of 
the papers, the questions propounded by the county ex- 
aminer or county superintendent, and the answers of the 
applicant thereto, at any regular quarterly examination 
before said county examiner or county superintendent, 
at the time said first grade certificate was granted and 
issued to said applicant, and such further evidence as 
the State Superintendent of Public Instruction may de- 
sire. It shall be the duty of the county examiner cr 
county superintendent, at the request of any teacher, 
i^olding a first grade certificate and desiring to take the 
examination, as herein stated, to transmit to the State 
Superintendent of Public Instruction the questions pro- 
pounded by him, and the answers of the applicant thereto, 
at the regular quarterly examination at which said first 
grade certificate was granted to said applicant, the cost 
of transmission to be paid by said applicant. If the 
State Superintendent of Public Instruction shall be satis- 
fied from an examination of the applicant, as aforesaid, 
that he is of good moral character and qualified to teach 
and to hold a first grade certificate, he shall issue to said 
applicant a certificate of the same grade as that held oy 
said applicant, and said certificate shall authorize said 
applicant to teach in any county of this State, without 
further examination, for the period of time specified in 
the certificate originally issued to him by the county ex- 
aminer or county superintendent. A fee of one dollar 
shall be charged and collected from said applicant for 
«aid examination, the same to be paid into the State 
treasury and credited to the institute and library fund, 
as now provided in case of fees for State and pro- 
fessional licenses. The expense of grading said papers 
shall be paid out of the said institute and library fund 
upon the requisition of the State Superintendent of Pub- 
lic Instruction to the State Auditor, who shall issue his 



8 



DIOEIST OF SCHiOiOL LAWiS. 

warrant upon the State treasury in payment of said ex- 
pense. In no case, however, shall the cost of any exam- 
ination exceed the fees paid by the applicant for same. 

7484-0. — May Issue State or Professional Licenses; When, 

Sec. 15. The State Superintendent of Public In- 
struction, under the supervision of the State Board of 
Education, may issue state or professional licenses based 
upon state teachers' certificates granted in other states, 
or based upon normal school diplomas, or degrees from 
educational institutions, if it be shown to the satisfac- 
tion of said superintendent and board that the examina- 
tion required of said applicant, or course of study pur- 
sued by him, was of the standard required for the issu- 
ance of state or professional licenses. All applicants for 
such licenses shail pay the same fee and in the same man- 
ner as is now prescribed by law for professional and 
state licenses. In the issuance of all certificates said 
superintendent and board shall require satisfactory evi- 
dence of the good moral character and successful teach- 
ing experience of the applicant. Said superintendent, 
under the supervision of said board, shall have the power 
and authority to revoke, for good cause shown, any cer- 
tificate or license granted under authority conferred by 
til is Act to teach in the public schools. 

Provided, any county examiner or county superin- 
tendent may issue county license based upon state teach- 
ers' certificate granted in other states, or based upon 
normal school dipilomas or degrees from educational in- 
stitutions, for which he shall receive the fee now pro- 
vided for county license; provided, license from the Stat?, 
or diploma from the normal scihool, or degree from the 
educational institution issuing the State license, diploma 
or degree upon which the county license is based, has 
been recognized and accredited by the State Board of Ed- 



DIOEST OF S'OHOOL DAWS. 

ucation, but if license from State issuing said certificate^, 
or school issuing said diploma or degree has not been 
passed upon by the State Board of Education, it shall do 
so at the request of any county examiner or superinten- 
dent, at its next regular meeting; provided, the diploma, 
degree or state license, with other proper data, be filed 
with the State Board of Education, when it shall place 
the same, or refuse to place the same upon the accredited 
list. 

7484-25. — Board to Have Supervision of the Public 
Schools of the State. 

Sec. 16. The State Board of Education shall 
have general supervision of the public schools of 
the State; may prepare and distribute plans and 
specifications for the construction and equipment of 
school bui'ldings, when called upon to do so; provide 
courses of study for rural, elementary, graded and high 
schools; prescribe plans for the organization and con- 
duct of teachers' institutes; prescribe rules and regula- 
tions for the sanitary inspection of all school buildings, 
and for the examination of pupils in order to detect con- 
tagious and infectious diseases and physical defects, and 
shall take such other action as may by said board be 
deemed necessary and expedient to promote the physi-3al 
welfare of the school children; shaiU classify and stan- 
dardize the public schools, prescribe the requirements for 
accrediting graded and high schools; provide for new 
forms of educational efforts; and shall in general, take 
such action as may be necessary to promote the organ:*- 
zation and increase the efficiency of the educational sys- 
tem of the State. 

Provided, that nothing in this Act shall be so con- 
strued as to give to the State Board of Education, herein 
provided for, or to the State Superintendent of Public 



10 



DIGiBST OF S'OHOOL LAWS. 

Instruction any power or authority to recommend or 
prescribe any text book to be adopted or used in any 
public school cr schools of the State and that this Act 
does not repeal any statutes regarding the adoption and 
use of text books and shall not be construed to curtail or 
limit the powers of the directors of any school district m 
the State. 

7484-g. — Board to Keep Record of Proceedings. 

Sec. 17. Said State Board of Education shall keep a 
complete record of all its proceedings and the same shall 
be filed with the permanent records of the State Super- 
intendent of Public Instruction; shall prepare a report 
which shall be incorporated with the report of the State 
Superintendent of Public Instruction each biennial term. 

7484-7\ — Board to Adopt Seal of Superintendent of 
Public Instruction. 

Sec. 18. The seal of the State Superintendent of 
Public Instruction shall be adopted and used by the State 
Board of Education. 

REPEALING CLAUSE. 

All laws and parts of laws in conflict herewith are 
hereby repealed, and this law shall go into effect and be 
ir, force from and after its passage. 

Sec. 7485. Potvers of General Assembly. — The gen- 
eral assembly shall provide, by general laws, for the sup- 
port of common schools by taxes, which shall never ex- 
ceed in any one year three mills on the dollar on the tax- 
able property of the state; and by an annual per capita 
tax of one dollar, to be assessed on every male inhabitant 
of this state over the age of twenty-one years. Provided, 
the general assembly may, by general law, authorize 
school districts to levy, by a vote of the qualified electors 



11 



* DIGEST OF SCHOOL LAWS. 

cx such districts, a tax not to exceed seven mills on the 
dollar in any one year for school purposes. Provided 
further, that no such tax shall be appropriated to any 
other purpose, nor to any other district, than that for 
\«.hich it was levied. Art XIV., Sees. 1 and 3, Const. As 
amended by Const. Amendment No. 8. 

APPROiPRIAT'ION OF iSC'HOOL TAX.— The provision in Art. 
14, Section 3, of Const. 1874, that a tax levied fcr school purposes 
shall not be appropriated "for any other purpose" does not mean' 
that a tax voted for school building purposes shall not be appro- 
priated for any otlher school purpose, but only that it shall be used 
for school purposes.— Schcol Distritt of Hartford v. West iHartford 
Special School District.^l0;2 Ark., 261. 

'Const. 1874, Art. 14, Sec. 2, providing that no schocl tax shall 
be appropriated "to any other district than that for which it was 
levied" does no prohibit the Legislature from providing for an 
apportionment icf school tax colletted by a district where a portion 
ot its territory has been annexed to another district. — Ibid. 

(Acts 1909, Act 234. Apjjroved May 12, 1909.) 

Note: — Sees. 7485-a to 7485-z inclusive embrace the provisions 
or' three separate compulsory attendance laws; Sees. 7485-a to 
7485-i inclusive embracing the provisions of Act 234, approved 
May 12, 1909; Sees. 7485-j to 7485-p inclusive embracing the provi- 
sions of Act 231, approved April 28, 1911, and Sees. 748o-q lo 
7485-z; embracing the provisions of Special Act 347, approved May 
31, 1909. 

7485-a. — Required to Attend School One-half Time. 

Sec. 1. Every parent, guardian or other person in 
the State of Arkansas, having charge or control of any 
child between the ages of (8) and (16) years, shall cause 
such child to attend regularly some day school, public, 
private, parochial or parish, not less than one-ihalf of the 
entire time the public school said child attends is in ses- 
sion, during any one year, or shall provide such child at 
home with such regular daily instruction during the 
usual hours as shall be, in the judgment of court or 
school board 'having competent jurisdiction, substantiai- 
\\ equivalent to at least the instructions given the child- 



12 




DIGEST OF SCHOOL LAWS. 

ren of like age and advancement at the day public school 
i>i the locality in which said child resides. 

Provided, that every parent, guardian or other per- 
son in the state of Arkansas, having charge and control 
of any child between the ages of sixteen and twenty 
years, who is not actively, regularly and la^^^ully an- 
gi^ged in some useful emplo^Tnent or service, shall cause 
said child to attend school as hereinbefore provided for 
children from 8 to 16 years. 

485-6. — Child Exctcsed From Attendance; When. 

'" S^c. 2. Any child between the ages aforesaid may be 
excused temporarily from complying with the provisions 
of this act, in whole or in part, if it be shown to a court 
ct_c^jn^etent jurisdiction or school board of such district, 
that said parent or guardian, or person having charge or 
control of said dhild, is not able through extreme destitu- 
tion to provide proper clothing for said child, or that 
said child is mentally or physically incapacitated to at- 
tend school for the whole period required or any part 
thereof, or that there is no public school taught within 
two and one-half miles of the residence of said child by 
the nearest traveled road, or that the labor of said child 
is absolutely necessary for the support of the family, or 
that said child has completed a common school course, 
ircluding seven (7) grades, and has certificate of same 
from tYe school said child attended. If any child, cr 
children, are unable to attend school as hereinbefore re- 
quired by not being able to procure books, on satisfactory^ 
proof of same, the respective school board shall purchase 
said books out of the general school fund of said districr. 

748 3-c. — Board to Appoint Officer to Enforce Act. 

Sec. 8. The board having charge of a public school m 
a city or d'strict shall appoint for a period of one year^ 



13 



DIGEST OF SCHOOL DAjWS. 

one or more attendance officers to enforce the provisions 
of this act. The fees of said attendance officers shall 
be the same as that of peace officers for similar service, 
and said fees shall be paid from the public sdhool funds 
of the city or district. The attendance officers shall 
serve written or printed notices upon the parents or 
guardians, or persons who have charge and control of 
any child or children as aforesaid who violate the pro- 
visions of this act, and shall, when reasonable doubt ex- 
ists as to the age of any child, require a properly attested 
birth certificate or an affidavit stating such child's age, 
the date of birth and physical characteristics ; and shall 
have the right to visit and enter any office or factory or 
business house employing children as aforesaid; and the 
right to require a properly attested certificate of atteM- 
dance of any child or children at such day school; and 
power to arrest without warrant all truants and non-a> 
tendants as aforesaid and place them in some public 
school, unless the parents, guardians or persons in charge 
and control! of said children, respectively, shall at once 
place them in some other day school as aforesaid. Such 
attendance officer shall serve the legal notices and suo- 
poenas of the court, without further fee or compensa- 
tion than that paid by the board as aforesaid, and he 
shall carry into effect such other regulations as may law- 
fully be required by tJhe board appointing him. 

7485-c/. — Provision For Juvenile Disorderly Person. 

Sec. 4. The board, having charge of the public 
schools of any city or district having 10,000 or more popu- 
lation by the last census, may establish and maintain from 
the public schools in such city or district, or any school 
board may, at its discretion, purdhase land and main- 
tain such school, either within or without their own 



14 



DIOHST OF SOHiOOL DAWS. 

school district for children who are between the ages of 
eight and sixteen years, and who are either habitual tru- 
ants from any day school in which they are enrolled as 
pupils, or who, while in attendance at any school, are 
incorrigible, vicious or immoral, or who habitually wan- 
der or loiter about the woods or public palaces without 
lawful employment, and such children shall be deemed 
juvenile disorderly persons, and may be by said school 
board, through its officers, assigned to, and required 
and compelled to attend such truant or parental school, 
or any department of the graded schools, as such school 
board or court may direct. 

7485-e. — Penalty For Violating Act. 

Sec. 5. Any person or guardian, or person having 
charge and control of any child between the ages of eight 
and sixteen years, violating any of the provisions of this 
act, shall be warned as aforesaid, as soon as possible af- 
ter the beginning of the public school term of the city, 
town or district in which such child resides, and ailso at 
any time thereafter by the attendance officer herein pro- 
vided for, or by the clerk of district where no attendance 
officer is provided for, to place and keep said child in reg- 
ular attendance at some day school, within ten days from 
the service of the said written or printed notice of warn- 
ing, and upon failure to comply with this act, after the 
lapse of ten days from the date of the service of said no- 
tice of warning, said parent, guardian or person having 
charge or control of said child shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall pay a 
fine of not less than ten ($1-0.00) dollars and not more 
than twenty-five ($25.00) dollars. 

Provided, that such fine may be suspended and final- 
ly remitted by the court trying the case, with or without 
payment of cost, at discretion of the court, if the said 

15 



DIO-BST OF SOHOOL LiAjWIS. 

child be immediately placed in regular attendance m 
some day school as aforesaid, and if such fact of regular 
attendance is proven subsequently to the satisfaction of 
said court by attested certificate of attendance by the 
superintendent or teadher of said day school. 

7485-/. — Board to Publish Synopsis of This Act Ten Days 
Before Opening of School. 

Sec. 6. Every board having charge of the public 
schools of any city, town or district in the State of Ar- 
kansas, shall each year publish a synopsis of this act ten 
days prior to the opening of school, in a newspaper pub- 
lished in the town, or city, or district, in which the mem- 
bers thereof reside, or shall post copies thereof in ^ve or 
more conspicuous places in said district city or town. 

74S5.g. — No Child to Be Employed in Factory While 
School is in Session. 

Sec. 7. No child between eight and sixteen years 
of age shaill be employed .in any mine, factory, 
workshop, mercantile establishment, or in any man- 
ner, during the usual school hours while such school 
is in session, unless the person employing such child shaJl 
first produce a certificate from the superintendent or the 
teacher of the school he or she attended, stating that such 
child attended school for the period required by law, or 
has been excused from attendance by Sec. 2 of this Act, 
(Sec. 7485-b, supra) and it shall be the duty of such su- 
perintendent or teacher to furnish such certificate upon 
application of a parent, guardian or person having con- 
trol of such child entitled to same. 

7485-/i. — Oivner of Workshop Employing Child Guilty 
of Misdemeanor. 

Sec. 8. Every owner, superintendent or officer 
of any mine, factory, workshop or mercantile estab- 

16 



DIGEST OF SCHOOL DAWS. 

lishment, and any other person who shall employ- 
any child between eight and sixteen years of age,, 
contrary to the provisions of this act, shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall be 
fined for each offense in a sum not less than ten ($10.00) 
dollars, nor more tjhan thirty ($30.00) dollars. 

Sec. 7485-i — Prosecutions to be in the Name of the 
State; Counties Exempted from Act. 9. " Prosecution 
under this act shall be brought in the name of the Staxe 
of Arkansas before any court having competent juris- 
diction, and the fines collected shall be paid over to the 
county treasurer and be credited to the general school 
fund of the respective city, town or district, no bond for 
cost shall be required by any court or officer in prosecu- 
tion under this act. 

Provided, the folowing counties shall be exempted 
from the provisions of this Act : 

Arkansas, Ashley, Baxter, Boone, Bradley, Calhoun, 
Clark, Chicot, Cleburne, Columbia, Conway, Crittenden, 
Cross, Dallas, Desha, Drew, Hempstead, Hot Sprin;^, 
Howard, Izard, Jefferson, Lafayette, Le.e, Lincoln, Little 
River, Logan, Lonoke, Marion, Miller, Mississippi, Mon- 
roe, Montgomery, Ouachita, Perry, Phillips, Pike, Poin- 
sett, Polk, Pope, Pulaski, Saline, Searcy, Woodruff and 
Yell. Act 234, Ajoproved May 12, 1909. 

'Note.— STUDENTS EXEMPTED FROM WORKING ROAUS. 

All students in actual attendance in any of the schools in this 
State, and all persons who are unablo to perform labor by reason 
of physical inability, shall be exempted from working on any of the 
roads.— Act 287, Approved March 29; 1913. 

Sec. 7485-y. — Parent to Send Child to School One- 
half Time. 1. Every parent, guardian or other person- 
in the State of Arkansas, having charge and control of 
any child between the ages of (8) and (16) years, shall 

17 



DIGEST OF SCHOOL DA.WS. 

cause such child to attend regularly some day school, 
public, private, parochial or parish, not less than one- 
balf of the entire time the public school said child attends 
hi in session during any one year, or shall provide such 
child at home with such regularly daily instruction dur- 
ing the usual hours as shall be in the judgment of court 
■or school board having competent jurisdiction, substan- 
tially equivalent to at least the instructions given the 
children of like age and advancement at the day public 
school in the locality in which said child resides; pro- 
vided, that every parent, guardian or other person in 
the State of Arkansas, having charge and control of any 
child between the ages of sixteen and twenty years, 
who is not actively and regularly and lawfully engaged 
in some useful employment or service, shall cause said 
child to attend school as hereinbefore provided for chil- 
dren from eight to sixteen years. {Act 231, Acts 1911. 
Approved April 28, 1911.) 

Sec. 7485-/(;. — May he Excused; When. 2. Any 
child between the ages aforesaid may be excused tem- 
porarily from complying with the provisions of this 
Act in whole or in part, if it be shown to the court 
of competent jurisdiction, or school board of said dis- 
trict, that said parent or guardian, or person having 
charge of or control of said child, is not able through 
extreme destitution, to provide proper clothing for said 
child, or that said child is mentally or physically inca- 
pacitated to attend school for the whole period re- 
quired or any part thereof, or that there is no public 
school taught within two and one-half miles of the resi- 
dence of said child by the nearest traveled road, or that 
the labor of said child is absolutely necessary for the 
support of the family, or that said chi)ld has completed a 
common school course including seven (7) grades, and 

18 



DIOEIST OF SOHOOL LAWIS. 

has certificate of same from the school said child attend- 
ed. If any child or children are unable to attend school 
as hereinbefore required by not being able to procure 
books, on satisfactory proof of same, the respective board 
shall purchase said books out of the general school fund 
of said district. 

Up to and including the fourth grade, provided, 
that the school board of any one district shall not ex- 
pend in any one year a sum exceeding in the aggregate 
fifteen dollars in making purchases of books for the pu- 
pils of any one school in the district, and such books 
when so bought shall become the property of the school 
• district and at the close of the term they shall be turned 
over to some person to be named by the board who shall 
safely keep them until they shall be needed for some fu-' 
ture term. — Ih. 

Sec. 7485-L — Board to Appoint Attendance Officer. 
3. The board having charge of a public school in a 
city or district shall appoint for a period of one year, 
one or more attendance officers to enforce the provisions 
of this Act. The fees of said attendance officers shall be 
the same as that of peace officers for similar service, and 
said fees shall be paid from the public school funds of 
the city or district. The attendance officer shall serve 
written or printed notices upon the parents or guardians, 
or persons who have, charge and control of any child «.*r 
children as aforesaid who violates the provisions of this 
-Act, and shall, when reasonable doubt exists as to the 
age of any child, require properly attested birth certifi- 
cate or an affidavit stating sudh child's age, the date of 
birth, and physical characteristics; and shall have the 
right to visit and enter any office or factory or business 
house employing children as aforesaid ; and the right to 
■require a proper attendance certificate of any child or 

19 



DIGEST OF SCHOOL UAJWB. 

children at such day school ; and power to a,rrest without 
warrant, aill truants and non-attendants as aforesaid; 
and place them in some public school unless the parents, 
guardians, or persons in charge and control of said chil- 
dren, respectively, shall at once place them in some other 
day school as aforesaid. Such attendance officer shall 
serve the legal notices and suDpoenas of the court, with- 
out further fee or compensation than that paid by the 
board as aforesaid, and he shall carry into effect such 
ether regulations as may lawfuKly be required by the 
board appointing him. — lb. 

Sec. 7485-m. — Provision for Juvenile Disorderly 
Persons. 4. The board having charge of the public 
schools of any city or district having 10,000 or more 
population by the last census, may establish and main- 
tain from the public schools in such city or district, or 
any scihool board may, at its discretion, purchase lands 
and maintain such school, either within or without their 
own school district, for children who are between the 
ages of 8 and 16 years, and who are either habitual tru- 
ants from any day school in which they are enrolled as 
pupils, or who, wthile in attendance at any school, are: 
incorrigible, vicious, or immoral, or loiter about public 
places without lawful employment and such children 
shall be deemed juvenile disorderly persons, and may be 
by said board through its officers, assigned to, and re- 
quired and compelled to attend such truant or parental 
school or any department of the graded schools as such 
school board or court may direct. — Ih. 

Sec. 7485-n. — Penalty for Violating Act. 5. Any 
person or guardian, or persons having charge and con- 
trol of any child between the ages of 8 and 16 years, 
violating any of the provisions of this Act shall be 
warned as aforesaid, as soon as possible after the begin- 

20 



DIGHE6T OF SOHOOL UAWS. 

iTiing of the public school term of the city, town or dis- 
trict in which said child resides, and also at any time 
thereafter by the attendance officer herein provided for, 
•or by the clerk of district where no attendance officer is 
provided for, to place and keep said child in regular at- 
tendance at some day school, within ten days, from the 
service of the said written or printed notice of warning, 
-and upon failure to comply with this Act, after the lapse 
of ten days from the date of service of said notice^f 
warning, said parent, guardian or other person having 
• charge or control of said child shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall pay a 
fine of not less than ten ($10.00) dollars, and not more 
than twenty-five ($25.00) dollars; provided, such fine 
may be suspended and finally remitted by the court try- 
ing the case with or without payment of cost, at discre- 
tion of the court, if the dhild be immediately placed in 
regular attendance in some day school as aforesaid, and 
-if such fact of regular attendance is proven subsequently 
to the satisfaction of said court by attested certificate of 
attendance by the superintendent or teacher of said day 
.school. — lb. 

Sec. 7485-0. — Board to Publish Synopsis Ten Days 
Before School Opens. 6. Every board having charge of 
public schools of any city, town or district in the State 
of Arkansas, shall each year publish a synopsis of 
this Act ten days prior to the opening of school, in a 
newspaper published in the town or city or district in 
which the members thereof reside or shall post copies 
thereof in five or more conspicuous places in said dis- 
trict, city or town. — lb. 

Sec. 7485-2?. — Prosecutions Under Act to be in 
JSlame of State. 7. Prosecution under this Act shall be 



21 



1 



DIO-EST OF SCHOOL LiAWiS. 

brought in the name of the State of Arkansas, before 
any court having competent jurisdiction, and the fines 
collected shall be paid over to the county treasurer and 
be credited to the general school fund of the respective 
city, town or district. No bond for cost shall be re- 
quired by any court or officer in prosecution under this 
Act; i^rovided, the following counties shall be exempted 
from the provisions of this Act: Baxter, Cleburne, Polk, 
Madison, Franklin, Jefferson, Sebastian, Yell, Indepen- 
dence, Scott, Drew, Little River, Lonoke, Woodruff, 
Boone, Bradley, Calhoun, Desha, Lafayette, Lincoln, Ma- 
rion, Monroe, Phillips, Ashley, Dallas, Columbia, Mont- 
gomery, Chicot, Hot Spring, Saline, St. Francis, Benton^. 
Lee, Ouachita, Pope, Union, Crittenden, Pulaski, Prairie, 
Hempstead, Howard. — Ih. 

Repealing Clause : This Act shall take effect from 
and after its passage, and all laws in conflict are hereby 
repealed. 

'^ Sec. 7 4S5-q.— Parent to Send Child to School One- 
half Time. 1. Every parent, guardian, or other person 
ill Polk, Cleburne, Baxter, Madison, Franklin, Sebastian, 
Yell, Independence and Scott counties, in the state of 
Arkansas, having charge and control of children between 
the ages of eight and fourteen years, shall cause each 
dhild to attend regularly some day school, public, private 
or parish, not less than one-half of the entire time of the 
public school said child attends is in session, or shall pro- 
vide said child at home with such regular daily instruc- 
tion during the usual hours as shall be in judgment of 
court or school board having competent jurisdiction, sub- 
stantially equivalent to at least the instructions given the 
child of like age and advancement of any day public 
school in the locality in which said child resides; p?'0- 
vided, that every parent, guardian or other person in 

22 



DIGEST OF SCHOOL LAWS. 

Polk, Cleburne, Baxter, Madison, Franklin, Sebastian^ 
Yell, Independence and Scott counties, in the state of Ar~ 
kansas, having charge and control of children between 
the ages of fourteen and sixteen years, who is not active- 
ly and regularly and lawfully engaged in some useful em^ 
ployment or service, shall cause said child to attend 
school as (hereinbefore provided for children from eight 
to fourteen years. — Act 347, approved May 31, 1909. 

Sec. 7485-r. — May he Excused; When. 2. Any 
child between the ages aforesaid may be excused tem- 
porarily from complying with the provisions of this 
act in whole or in part if it be shown to a court of 
competent jurisdiction or school board of said district 
that said parent or guardian, or person having charge 
and control of said child, is not able through extreme 
destitution to provide or obtain in any way proper cloth- 
ing for said child, or that said child is mentally or 
physically incapacitated to attend school for the whole 
period required or any part thereof, or that there is no 
public school taught within two and one-half miles of the 
residence of said child by the nearest traveled road, or 
that the labor of said child is absolutely necessary for 
the support of the family, or that said child has com- 
pleted the common school course, including the eight (S) 
grades, and has certificate of same school the child at- 
tended. 

If any child is unable to attend school, as hereinbf?- 
fore required, by not being able to procure books, on sat- 
isfactory proof of same the sdhool board shall purchase 
said books out of the incidental fund for use of said 
child.— /&. 

Sec. 7485-5. — Board to Appoint Attendance Officer. 
3. The board having charge of a public school in a 



23 



DIGE3ST OF SCiHOOL DAWIS. 

city or district of 3,000 or more population by the last 
■census, may appoint, and remove at pleasure, one or 
more attendance officers to enforce the provisions of this 
^ct, and shall fix the compensation and manner of per- 
formance of the duties of the said attendance officers, 
and shall pay tihem from the public school fund of said 
city or district, and the attendance officers as aforesaid 
shall serve written or printed notices upon the parents 
or guardians, or persons who have charge or control of 
the children aforesaid, who violate the provisions of this 
act, shall when reasonable doubt exists as to the age of 
any such dhild, shall require a proper attested birth cer- 
tificate or an affidavit stating such child's age, date of 
birth and physical characteristics ; shall have the right 
to visit any office, factory or business house employing 
children as aforesaid; shall have the rigtht to require a 
proper attested certificate of attendance of any child or 
children at such day schools ; shall have power to arrest 
without warrant all truants and non-attendants as afore- 
said, and place them in some public school, unless the 
parents, guardian or person in charge and control of said 
children respectively, ^all at once place them in some 
other day school aforesaid, and shall serve legal notice 
and subpoenas of the court and make such required ar- 
rests in the case which they prosecute without further 
fee or compensation than that paid by the board, as 
aforesaid. All constables, marshals, sheriffs and their 
deputies are ex-officio attendance officers and shall re- 
ceive fees the same as in other cases of misdemanors 
and shall carry into effect such other regulations as may 
lawfully be required by the school board. — Ih. 

Sec. 7485-f. — Provision for Juvenile Disorderly Per- 
sons. 4. The board having charge of the public school 
of any city or district having ten thousand or more pop- 
ulation by the last census, mav establish and maintain 



24 



DIGEST OF SCHOOL LAWS. 

from the public school fund, one or more ungraded tru- 
ant or parental schools in such city or district. Any 
school board may at its discretion purchase land and 
maintain such school either within or without their own 
school district, for children who are between the ages oi 
eiglht and sixteen years, and who are either habitual tru- 
ants from any school in which they are enrolled as pupils, 
or who while in attendance at any school are incorrigi- 
ble, vicious or immoral, or who habitually wander or 
loiter about the streets or woods or public places without 
lawful employment, and such children shall be deemed 
juvenile disorderly persons, and may be by said school 
board, througth its officers, assigned to and required and 
compelled to attend such truant or parental school or any 
department of the graded schools as such school board or 
court may direct. — lb. 

Sec. 74S5-u.^Penalty for Violating Act. 5. Any 
parent or guardian or person having charge and con- 
trol of children between the ages, of 8 and 16 years 
violating any of the provisions of this act shall be 
warned, as aforesaid, as soon as possible after the be- 
ginning of tjhe public school term of the city or town, 
district in which said child resides, and also at any time 
thereafter, by the attendance officers therein provided, 
or by clerk of district where no attendance officer is 
provided for, to place and keep said child in regular at- 
tt^ndance at some day school within ten days from the 
service of said written or printed notice of warning, and 
upon failure to comply with this act, after the lapse of 
ten days from the date of the service of said notice of 
warning, said parent or guardian or person (having 
charge and control of said child (shall) be deemed guilty 
of a misdemeanor and, upon conviction thereof, shall 
pay a fine of not less than five dollars nor more than 



25 



DIGEST OF SOHOOL IJAjWS. 

twenty-five dollars ; provided, that such fine may be. sus- 
pended, finally remitted by court with or without pay- 
ment of cost, at discretion of the court if said child be 
immediately placed and kept in regular attendance of 
some day school as aforesaid, and if such fact of regular 
attendance is proven subsequently to the satisfaction of 
said court by attested certificate of attendance by the 
superintendent or teacher of said school. — lb. 

Sec. 7485-1;. — Board to Publish Synopsis of Act Ten 
Days Before School Opens. 6. Every board having 
charge of the public schools of any town or district within 
the counties of Polk, Cleburne and Scott, in the state 
of Arkansas, shall each year publish a synopsis of this 
act ten days prior to the opening of the school in a news- 
paper published in the city or town or district in which 
the members thereof reside, or shall post copies thereof, 
in five or more public places in the district, as will m 
their judgment best give knowledge thereof.— 76. 

Sec. 74:S5-tv. — No Child to be Employed in Factory 
While School in Session. 7. No child between eight and 
fourteen years of age shall be employed in any mine, 
factory, workshop, mercantile establishment, or any 
other manner within the usual school hours, unless the 
person employing him shall first procure certificate from 
the superintendent or the teaoher of the school he -r 
she attended, stating that such child attended school for 
a period as required by law, or has been excused from 
attendance as provided in Section 2. And it shall be the 
duty of such superintendent or teacher to furnish such 
certificate upon application of parent or guardian or 
person having such control of such child entitled to 
same. — lb. 

Sec. 7485-^'. — Oicner of Workshop Employing Child 

26 



DIGEST OF SOHOOL LAWS. 

Guilty of Misdemeanor. 8. Every owner, superintend- 
ent or officer of any mine, factory, workshop or mercan- 
tile establishment, and any other person who shall em- 
ploy any child between eight and fourteen years of age 
contrary to the provisions of this act, shall be deemed 
guilty of a misdemeanor and, upon conviction, shall be 
fined for each offense in a sum not less than five ($5.00) 
dollars nor more than ten ($10.00) dollars and costs. — lb,. 

Sec. 74:S5-y. — Prosecution Under This Act Brought 
in Name of County, 9. Prosecutions under this Act shaU 
be brought in the name of the county of Polk, Cleburne,. 
Baxter, Madison, Franklin, Sebastian, Yell, Indepen- 
dence or Scott, in the state of Arkansas, before any court, 
of record having competent jurisdiction. In cities having 
fifty thousand population or more, and before any court 
having competent jurisdiction in other districts, and the 
fines collected shall be paid over to the county treasurer,, 
to be credited to the general school fund of the city or 
county. No bond for cost shall be required by any court 
cr officer in prosecution under this act. — lb. 

Sec. 74S5-Z. — Repealing Clause, Form of Synopsis 
to be Published. 10. All laws in conflict with this law 
are hereby repealed, and this Act to take effect and be 
in full force from and after June first, 1909. 

Notice to Parents and Guardians, as required in 
Section 6: 

First. Every child between eight and fourteen 
years old and between fourteen and sixteen years, not 
legularly employed, must attend some day sdhool at least 
half of the term each year — three or four months. 

Second. No child can be excused on promise to at- 
tend, he must attend first half of term before being ex- 
cused on that account. 

Third. Courts having jurisdiction, justice of the 

27 



DIGEST OF S'OHOOL DAjWS. 

ipeace, in rural districts, and cities having less than fifty 
thousand population, may excuse children from attend- 
ing school for the following reasons: 

(a) Parents cannot supply proper clothing, (b) 
Child mentally or physically unable to attend, (c) No 
public school within two and one-half miles of the home. 

(d) Labor of. the child is necessary to support family. 

(e) Child has completed the common school course. 
Fourth. No child between eig'ht and fourteen years 

can be employed in mines, factories, workshops or store, 
unless excused for one of the five reasons, or has state- 
m.ent from teacher that he has already attended half of 
the term of that school year. 

Fifth. It is the duty of the attendance officer and 
district clerks to notify parents and guardians when chil- 
dren fail to comply with the provisions of the law. 

Sixth. The penalty for nonattendance falls on par- 
ent or guardian and in its maximum fee of twenty-five 
dollars or imprisonment for thirty days, or one or both. 

Seventh. For illegal employment of the child em- 
ployers are subject to a fine of twenty-five dollars and 
•costs. 

Eighth. Every school board shall publish this syn- 
opsis in a newspaper of the district, or post in five public 
places ten days before public school opens each year. 

Note:— The following counties are under the provisions of 
compulsory school attendance, Act No. 234, of 1909: Benton, 
Prairie, St. Francis and Union. 

The following counties are under the provisions of compulsory 
school attendance, Act No. 347, of 1909: Baxter, Cleburne, Frank- 
lin, Independence, Madison, Polk, Scott, Sebastian, YeU. 

The following counties are under the provisions of compulsory 
school attendance. Act No. 231, of 1911: Arkansas. Carroll, Clark, 
Clay, Cleveland. Conway, Craighead, Crawford, Cross, Faulkner, 
Fulton, Garland, Grant, Greene, Izard, Jackson. Johnson, Lawrence, 
Logan, Miller, Mississippi, Nevada, Newton, Perry. Pike, Poinsett, 
Randolph. Searcy, Sevier, Sharp, Stone, Van Buren. Washington, 
W'hite. 

The following counties are under the provisions of no compul- 

28 



DIGEST OF SCHOOL LAWiS. 

sory school attendance laws: Ashley, Boone, Bradley, Calhoun, 
Chicot, Columbia, Crittenden, Dallas, Desha, Drew, Hempstead, Hot 
Spring, Howard, Jefferson, Lafayette, Lee, Lincoln, Little River,. 
Lonoke, Marion, Monroe," Montgomery, Ouachita, Phillips, Pope, 
Pulaski, Saline, Woodruff. 

COMMON SCHOOL FUND. 

Sec. 7486. Sources of revenue, — The proceeds of 
rJl lands that ihave been, or hereafter may be, granted 
by the United States to this state, and not otherwise 
appropriated by the United States or this state; also all 
moneys, stocks, bonds, lands and other property now 
belonging to any fund for purposes of education ; also the 
net proceeds of all sales of lands and other property and 
effects that may accrue to this state by escheat, or from 
sales of estrays, or from unclaimed dividends, or dis- 
tributive shares of the estates of deceased persons; also 
any proceeds of the- sale of public lands which may have 
been, or may be hereafter, paid over to the state (Con- 
gress consenting) ; also ten per cent of the net proceeds 
of the sales of all state land, and it shall be the duty of 
the state treasurer to set aside this ten per cent to the 
credit of the common school fund when he receives the 
proiceeds of this sale from the state land commissioner; 
also all the grants, gifts or devises that have been or 
hereafter may be made to this state, and not otherwise 
appropriated by the tenure of the grant, gift or de^ 
vise, shall be securely invested and sacredly preserved as 
a public school fund that shall be designated as the com- 
mon school fund of the state, and which shall be the com- 
mon property of the state, except the proceeds arising 
from the sale or lease of the sixteenth section. Act 
March 15, 1897. 

Xo money or property belonging to the public school fund, or 
to this state for the benefit of schools or universities, s'hall ever be- 
used for any other than for the respective purposes to which it 
belongs. Art. XIV, Sec. 2, Constitution. 

29 



DIGEST OF SCIHOOL. LAWS 

Sec. 7487. Funds in doubt am^ortioned by court. — 
The county courts of the various counties are authorized 
and empowered to place to the <credit of the common 
school fund of the county, any and all school funds that 
may be in the county treasury, derived from various 
sources, and about which there is any doubt as to their 
proper application with the county court, and that said 
school funds, when so placed to the credit of the viommon 
school fund, shall be, by said 'county courts, apportioned 
among the school districts of the county as is now pro- 
vided by law. 

Sec. 7488. Principal from sixteenth section. — The 
principal arising from the sale of the sixteenth section 
of land shall never be apportioned or used. 

Sec. 7489. Townships not entitled to doubtful 
fund. — Should any of the funds mentioned in this act 
arise from the sale of said sixteenth section of land and 
there should be any doubt as to the townships from 
whence it came, then such townships as have not dis- 
posed of the sixteenth section of land, or may have dis- 
posed of the same and have the pro'ceeds placed to their 
credit, shall not be entitled to any part of the interest 
arising from said doubtful sixteenth section fund. Act 
March 13, 1885, Sees. 1, 2. 

Sec. 7490. Annual income from sixteenth section 
fund and per capita tax. — The annual income from the 
said fund, together with one dollar per capita to be an- 
nually assessed on every male inhabitant over the age of 
twenty-one years, and so much of the ordinary annual 
revenues of the state as may hereafter be set apart by 
law for such purposes, shall be. faithfully appropriated 
for maintaining a system of free common schools for this 
state, and shall be appropriated to no other purpose 
-whatsoever. Act December 7, 1875, Sec. 2. 

30 



DIGEST OF SCHOOL LAfWiS 

Sec. 7491. state Treasurer required to pay rev- 
enue to counties. — The state auditor shall, on requisition 
from the state superintendent of public instruction, draw 
warrants on the state treasurer for payment to the sev- 
eral county treasurers of the school revenues due their 
respective counties. 

Sec. 7492. County collector required to imy per 
capita tax into county treasury, — The per capita tax 
levied by the general revenue laws of the state shall be 
collected by the 'county collector at the same time and 
place that the state taxes are collected, and be paid in 
the county treasury on or before the first day of July of 
each year, in the presence of the county court clerk, who 
shall make a record of the same as revenue for the sup- 
port of common schools. 

Provided, hoivever, that in all cases where the per- 
son liable for the payment of su'ch per capita tax shall 
have died since the last assessment of taxes, the collector 
of taxes shall not collect such per capita tax, but shall 
take credit for same. Act 46, Approved February 13, 
1913. 

The penalty collected for the nonpayment of taxes on personal 
property is to be paid into the county school fund. See Sec. 7069. 

Sec. 7492-a. — Per Capita Tax for Single or Special 
School District; How Levied and Collected. 1. That 
the per capita tax levied by the general revenue lav/s 
of the state in any special or single school district in 
which a treasurer of the school district is now or may 
•hereafter be authorized by law and the tax for school 
purposes levied by a vote of the qualified electors of 
any such single or special school district shall be col- 
lected by the county collector at the same time and 
place that the state taxes are collected, and paid to the 
treasurer of such single or special school district on or 

31 



DIGEST OF SCeOOiL LAWIS 

before the first day of July in each year, such payment 
tc be made in the presence of the secretary of the board 
of school^ directors of such special or single school dis- 
trict, who shall make a record of same as a revenue for 
the support of tihe schools of such single or special school 
district. Sec. 1, Act 219, A2J2:froved March 29, 1913. 

Sec. 7492-&. — Treasurer to Issue Duplicate Receipts 
For. 2. That the treasurer of any such single or spe- 
cial school district shall execute duplicate receipts for 
all funds paid to him by the county collector pursuant to 
this Act, one receipt to be delivered to the collector and 
one to the secretary of the board of school directors of 
such single or special sdhool district. Sec. 2, Act 219 
Approved March 29, 1913. 

Sec. 7493. Debts due common school fund shall 
take precedence. — In payment of debts by executors and 
administrators, the debts due the. common school fund 
shall have a preference over all other debts, except fun- 
eral and other expenses attending the last sickness. 

Sec. 7494. Officers not alloived fees. — No justice 
of the peace, constable, clerk of a court or sheriff shall 
charge any cost in any suit where the collector or any 
other officer sues for the. recovery of any money due to 
the common school fund, if the plaintiff in such cause is 
unsuccessful. Act January 11, 1853, Sees. 50 and 55. 

Sec. 7500. Warrant of auditor required for pay- 
ment of money. — All moneys belonging or owing to the 
common school fund, as mentioned in Section 7486, or 
accruing as revenues therefrom, together with the state 
school tax, shall be paid directly into the state treasury 
and shall not be paid out except on the warrant of the 
auditor. Act December 7, 1875, Sees. 5 to S. 

32 



DKJEST OF SOHOOL. LAWS 

SUPERVISION OF PUBLIC SCHOOLS. 

Sec. 7505. General assembly shall provide officers. 
— The supervision of public schools, and the execution 
of the laws regulating the same, shall be vested in and 
confided to such officers as may be provided for by the 
general assembly. Art. XIV, Sec. 4, Const. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Sec. 7506. Office of state superintendent created. 
— At the next general election, and every two years 
thereafter, there shall be elected a state superintendent 
of public instruction, by the qualified electors of this 
state, as state officers are now elected. 

Duties of State Superintendent. 

Sec. 7507. He shall take and file oath. — Before 
entering upon the duties of his office, he shall take and 
subscribe the oath prescribed for officers by the consti- 
tution of this state, and shall file such oath with the 
secretary of state. 

Sec. 7508. He shall be general supervisor. — The 
superintendent of public instruction shall be charged 
with the general superintendence of the business relat- 
ing to the free common schools of this state. 

Sec. 7509. He shall open office at capitol. — Ke 
shall open at the seat of the state government (at the 
expense of the state) a suitable office, in which he shall 
keep all books, reports, documents and other papers per- 
taining to his department, and where he shall be in 
attendance when not necessarily absent on business, and 
have personal supervision of the business affairs of his 
office, and keep a cle^r and correct record thereof. 

Sec. 7510. He shall fwnish questions. — He shall 
furnis^h suitable questions for the examination of teach- 



33 



DIGEST OF SCHOOL. LAWS 

ers to the county examiners; he shall hold a teachers' 
institute annually in each judicial district of the state, to 
be called a normal district institute ; he shall arrange the 
program exercises for each of such institutes, and pre- 
side thereat. Provided, if he should not be present the 
teachers who may have assembled may organize and 
bold such normal district institute. 

That portion of this Section referring to institutes repealed by 
Act May 2o, 1907. 

Sec. 7511. He shall furnish materials to county 
examiners. — He shall prepare and transmit to the county 
examiners school registers, blank certificates, reports 
and other printed blanks, together with other suitable 
blanks, forms and printed instructions to be forwarded 
to directors and other school officers, as may be neces- 
sary to aid such officers in making their reports and 
carrying into full effect the various provisions of the 
school laws of this state. Act December 7, 1875, Secc\ 
13-16. 

Sec. 7512. He shall prepare poll books. — The super- 
intendent of public instruction shall prepare a form of 
poll books to be used by the directors of the various 
school districts of this state at their annual elections as 
are now, or may hereafter be provided by law, and have 
tile same printed as other blanks for school purposes; 
and shall transmit the same to the county examiner of 
each county for distribution to school directors in the 
same manner as other school blanks are now, or shall 
hereafter be, distributed. Act March 2, 1877. 

Sec. 7513. He shall be guardian of school fund, and 
may bring suit. — He s'hall exercise such supervision over 
the s'chool fund as to ascertain the amount and disposal 
made of the same, their protection and safety when in- 
vested or deposited, and recommend measures for their 



34 



DIGEST OF SCHOOL LAlWIS 

security and preservation, and for rendering them most 
productive of revenue ; shall enforce the strict application 
•of the school revenues to the. legitimate purposes for 
which they were intended, and shall When directed by the 
commissioners of the school fund, cause to be instituted, 
in the name, of the State of Arkansas, suits or actions for 
the recovery of any portion of the said funds or said rev- 
enues that may be squandered, illegally applied, or un- 
:safely deposited. 

Sec. 7514. — Annual report. — Includes tuhat. — He 
•shall, on or before the first day of November in each year, 
prepare and submit to the governor of this state an an- 
nual report, in writing, showing the number of persons 
between the ages of six and twenty-one years residing in 
the state on the first day of the preceding July ; the num- 
ber of such persons in each county; the number of each 
•sex; the number of white; the number of colored; the 
whole number of sudh persons that attended the free com- 
mon schools of the state during the year ending the 30th 
•day of the last preceding June, and the number in each 
county that attended during the same period ; the number 
of whites of each sex that attended, and the number of 
(colored of each sex that attended the said schools; the 
number of common schools in the state; the number of 
pupils that studied each of the branches taught ; the aver- 
age wages paid teachers of each sex ; the relative average 
wages paid to male and female teachers respectively, 
according to the different grades of their certificates ; the 
number of school houses erected during the year, the 
material and cost thereof; the number previously erected, 
the material of which they were constructed, their condi- 
tion and value ; the number with their grounds enclosed ; 
the counties in which teachers' institutes were held, and 
the number that attended fhe institutes in each county. 

Sec. 7515. He shall likewise report the amount of 

35 



DIGEST OF SCHOOiLi LAjWIS 

X)ermanent school fund belonging to the state at the close 
of the f is'cal school year, and the amount of other prop- 
erty apportioned to sdhool purposes ; the nature, kind and 
amount of such investments made of the same ; the safety 
and permanency of such investments ; the amount of rev- 
enue accruing from the school funds ; the income received^ 
from the. per capita assessments of each county, and the 
amount derived from such assessment in all the counties- 
of the state; the income derived from all other sources, 
together with the amount derived from e^ach ; likewise in • 
what sums, for what purposes and in what manner the 
said school revenue shall have been expended, and what 
amount of school moneys of various kinds are in the- 
various county treasuries unexpended. 

Sec. 7516. Shall also report to general assembly, — 
He shall include in his report such plans as he may have 
matured for the improvement of the common school sys- 
tem of this state; for the accumulation, the investment 
and the m^ore judicious management of the common 
school fund, and, when he may deem it advisable, shall 
recommend measures for a more economical and advant- 
ageous collection and expenditure of the revenues accru- 
ing from the said fund; and whenever it comes to his 
knowledge that any of the investments of the school funds 
are not safe, or that any portion of the said fund is liable 
to be lost, that it is unproductive of revenue, or that any 
of the school revenues have been diverted from their 
proper channel or from the appropriate objects contem- 
plated, he shall report the facts to the governor and to 
the general assembly, if in session. 

Sec. 7517. He shall make a statistical table, — He 
shall also append to his report a statistical table, com- 
piled from the materials transmitted to his office by 

36 



DIGEST OF 'SCGHOQL IvAIWIS 

school officers, with proper summaries, averages and 
totals given. 

Sec. 7518. Shall make comparison, — He shall pre- 
sent such comparison of results and such an exhibit of 
Lis administration, and of the operation of the common 
free school system, togetiher with such statements of the 
-true condition of the schools of the state, as shall dis- 
tinctly show the improvements and progress made from 
year to year in the department of public instruction. 

Sec. 7519. Report transmitted to General Assembly. 
— The annual reports of the state superintendent to the 
•governor shall be transmitted by the governor to the 
general assembly at the opening of the session. 

Sec. 7520. He shall have reports published. — He 
shall have his reports to the governor published as soon 
us practicable after they have been made, and shall cause 
them to be distributed among the various school officers 
of the state, to be kept on file in their respective offices. 
Provided, he shall not have more than five thousand 
copies of such reports printed for any one year, the 
printing of such reports to be let out as other contracts 
for printing. Act December 7, 1875, Sees, 16-23. 

Sec. 7521. He shall make a pro rata apportionment. 
— He shall on the, first Monday of September of each 
year make a pro rata apportionment to the several 
counties of the state of the remaining revenues in the 
state treasury available for distribution for school pur- 
poses, on the basis of the number of persons between 
the ages of six and twenty-one years, residing in said 
county, respectively, on the first day of July previous; 
and he shall publish a statement of the same, as early as 
practicable, shall transmit a copy thereof to each county 
examiner and to each of the several treasurers in the 
rstate, and to each county clerk, who shall submit the 

37 



DIGEST OF SCIHJOOiLi UAJWIS 

same to Dhe county court at its next term; and he. shall 
thereupon draw his requisition on the state auditor in* 
favor of the treasurers of the several counties for such 
amount as the said counties may be ejititled to receive 
for the support of free common schools. Act April 23, 
1901. 

Sec. 7522. He shall publish acts of General Assew.- 
bly and give opinions. — He shall, from time to time, pub-^ 
lish in convenient pamphlet form, and furnish each school 
officer, the acts of the general assembly relating to com- 
mon schools, and the decisions of the courts having com^ 
petent jurisdiction in relation to the school laws; and he 
shall likewise, at the request of any school officer, render 
a decision relating to the intent, construction or adminis- 
tration of any portion of the school laws on which deci- 
sions shall not have been publisihed, and he may, when he 
shall deem it advisable to have the opinion of the attor- 
ney general, require said opinion to be given in writingv 

It is the duty of the superintendent of public instruction to- 
render decisions relating to the intent, construction, or adminis- 
tration of any portion of the school laws. The attorney general is- 
the legal adviser of the superintendent and not of sdhool officers. 

Sec. 7523. He shall have access to auditor's books^ 
— He shall, for the purpose of ascertaining the amounts,, 
safety and preservation of the school funds, have access 
to the auditor's books and papers, with full power to use 
and inspect the same. 

Sec. 7524. He shall deliver records to successor, — 
At the expiration of his term of office, he shall deliver to 
•his successor possession of his office, together with all- 
books, records, documents, papers and other articles be- 
longing or pertaining to his office. 

Sec. 7525. He shall affix seal— Re shall affix the- 

38 



DICJEST OF SCiHOOL LAWIS 

seal of the department of public instruction to all official 
communications from his office. 

Sec. 7526. Vacancy filled by appointment by Goo- 
ernor. — Whenever a vacancy in the office of superin- 
tendent of public instruction shall occur, from death, 
resignation or otherwise, the governor shall appoint a 
person of suitable attainments to serve, the remainder of 
the unexpired term. As modified by Amendment No. 3 
to Constitution. 

Sec. 7527. He shall not act as agent or receive gift, 
— Neither the state superintendent nor county examiner 
shall act as agent for any author, publisher or bookseller, 
nor directly or indirectly receive any gift, emolument, 
reward of promise of reward for his influence in rexiom- 
mending or procuring the use of any book, school appa- 
ratus or furniture of any kind wihatever, in any public 
school; and any school officer who shall violate the pro- 
visions of this section shall be deemed guilty of a mis- 
demeanor, and subject to removal from office. Act De- 
cember 7, 1875, Sees. 25-30. 

Sec. 7528. He may grant state certificates. — The 
state superintendent of public instruction shail have 
power to grant state certificates, which shall be valid for 
life, unless revoked, to any person in the state who shall 
pass a thorougih examination in all those branches re- 
ouired for granting county certificates; and, also, in 
algebra and geometry, physics, rhetoric, mental phil- 
osophy, history, Latin, the constitution of the United 
States and of the state of Arkansas, natural history and 
theory and art of teaching. 

state licenses are not granted to inexperienced teachers. Ap- 
plicants for the same must present satisfactory evidence of having" 
taught successfully at least twenty months. 

State licenses are granted, under the law, only on approved 
examinations, conducted by the state superintendent. 

39 



DtlOEST OF SOBOOL iLAWlS 

While the law is silent as to the scope of the examination, 
naming the subjects only, tttie following outline will give an idea 
as to the requirements: ^ 

Algehra, ( Botany, \ 

Natural History, ] Zoology, / Sucih matter as is comprehend- 

( Geology, ? ed in the average high school 
Physics, 1 text-books on these subjects. 

General History, / 

(Latin — Grammar and iComposition; first four books of Caesar; 
first two books of Virgil; first two orations of Cicero against Cati- 
line, and his essay \De Senectute — or equivalent readings. 

Geometry — 'Plane geometry, and first two books of solid 
geometry, including exercises. 

Rhetoric — ^With special reference to tihe essentials of English 
composition. 

Constitution of the United States and of Arkansas — Embracing 
a study of the origin, subject-matter, and civic relations under the 
same. 

Note — Holders of first grade certificates may not be exam- 
ined on the common school branches. An average of 8'0' per cent, 
will be required on all subjects. iBelow 70 per cent, on any sub- 
ject wi'U be considered a failure thereon. 

Sec. 7529. He may grant a professional license. — 
The state superintendent of public instruction is author- 
ized to grant a professional license, good in any county 
of the state for a period of six years, to those who take 
a satisfactory examination on the studies required for a 
first grade license, and in addition thereto, an approved 
examination on the following subjects: Algebra, plane 
geometry, general history, rhetoric and civil government. 
Examinations for this grade of license shall be held 
annually at at least two convenient points in the stats. 
All applicants for this grade of license shall be required 
to pay a fee of $5.00 into the state treasury. 

Sec. 7530. Examinations — Time and manner. — 
Examinations for state license shall be held annually at 
the same time and place as the examination for profes- 
sional license. All applicants for state license shall pre- 

40 



DiG-EST OF SOHODD [DAjWS 

sent a certificate showing that they have paid the sum of 
$10.00 into the state treasury. The fees obtained from 
t]ie applicants for professional and state license shall be 
used for defraying the expenses incurred in holding the 
examinations, and the remainder thereof shall constitute 
an institute fund and a library fund for the office of the 
department of public instruction, and upon requisitions 
of the state superintendent, the state auditor shall draw 
warrants upon moneys to the credit of this fund in the 
state treasury. 

state and professional examinations are conducted eacfti year 
•coincident with the June •examinations. 

An appropriation by the legislature is necessary before this 
:fund can be drawn. 

Sec. 7531. He shall recommend text-hooks, — He 
shall prepare, for the benefit of the common schools of 
the state, a list of such text-books on orthography, read- 
ing in English, mental and written arithmetic, penman- 
ship, English grammar, modern geograpihy and history 
of the United States as are best adapted to the wants of 
the learner, and as have been prepared with reference to 
the most philosophical methods of teaching those 
branches, and shall recommend the said text-books to 
teachers and to directors lihroughout the state. 

This section is virtually repealed by the county uniformity law. 

Sec. 7532. He shall prepare graded course of study. 
— The state superintendent of public instruction is 
hereby directed and authorized to prepare and have 
printed for distribution to the various counties of the 
state, within four months after the passage of this ace, 
a graded course of study to be used in the common school 
districts of tJhis state, said course of study to embrace 
only subjects required by law to be taught in said com- 
mon schools, and to indicate the amount of work to be 

41 



DIGEST OF SOHOOLI IjAWIS 

done during each year of the course. It shall be the 
duty of the school directors to see that the course of 
study is followed in each of their schools, as far as it is 
practicable to do so ; provided, that the state superintend- 
ent shall not designate or indicate any text-book to be 
used in the schools, nor shall any teacher adopt or use 
any text-books other than those adopted for use in the 
district. 

Sec. 7533. He shall adopt seal. — He shall procure 
and adopt a seal for his office, and furnish an impression 
and description of said seal to the secretary of state, ta 
be preserved in his office. 

Sec. 7534. A copy made equal to original. — A copy 
of any paper or document deposited or filed in the office 
of the superintendent of public instruction shall, when 
authenticated by the said seal, be evidence equal, to all 
intents and purposes, with tflie original. 

Sec. 7535. He shall prepare certificate forms and 
registers. — The said superintendent shall prepare appro- 
priate forms for three several grades of certificates to be 
issued to teachers by the county examiners. He shall 
prepare suitable school registers, in which teachers, at 
the close of the school term, are to make their reports 
to the trustees of tlhe name and age of each pupil, the 
date of each pupiFs entrance, the separate days on which 
each attended school, the studies each pursued, the total 
attendance; and, shall likewise prepare suitable forms 
for the reports of directors and county examiners. Act 
December 7, 1875, Sees. 33-37. 

This register must be kept by each public school teacher ac- 
cording to the forms prescribed, before any charge can be made 
for services. 

42 



DIOEST OF SOHOO'Ll L/AWS 

COUNTY NORMAL INSTITUTES, 

(Acts 1907, Act 367, Approved May 23, 1907.) 

Section 7539-a. — County Examiner to Hold Insti- 
tute. 1. It shall be the duty of the county examiners 
of the various counties of the state of Arkansas to hold 
one institute for the white teachers and one for the 
negroes of one week each within the month of June in 
each year; Provided, if there are any less than eight 
teachers of either race in any county, the county exam- 
iner may arrange the institute as may seem best to him, 
and, provided further, that the county examiner may 
appoint some competent person to take charge of and 
conduct the institute for the negroes. 

Sec. 7539-6. — State Superintendent Shall Outline 
Work, 2. It shall be the duty of the state superintend- 
ent of public instruction to outline the work in the com- 
mon school branches to be done at the institutes, and all 
of the time of said institute sihall be devoted to class work 
in the branches of reading, writing, arithmetic, orthog- 
1 aphy, grammar, geography, history of the United States 
and the State of Arkansas, theory and practice and phy- 
siology. 

Elementary agriculture and horticulture added to above by- 
Act of May 31, 1909. 

Sec. 7539-c. — Teachers Must Attend Institutes. 3 
It shall be the duty of the teachers holding license to 
teach in the public schools of the State of Arkansas, to 
attend said institutes for the full time, unless excused by 
the conductor, and to do the work outlined by the state 
superintendent of public instruction. 

Sec. 'J539-CZ. — Examiner May Review License. 4. 
The county examiner, on finding that the teachers in 
attendance for not less than three days are entitled to 



43 



DIGEST OF SOHOOiL; IjAIWIS 

the grade of license they hold, shall endorse the same 
at the close of the institute, and said indorsement shall 
have the effect of extending the license from the time of 
its expiration for the time for which it was originally 
itisued, provided, said license shall expire before the 
convening of the next institute; provided, the exam- 
iner may endorse a third grade license issued at the 
September examination next preceding the June insti- 
tute, and providing further, that said teacher shall have 
complied with the provisions of this act; but no third 
grade license shall be renewed more than once ; no second 
grade license shall be renewed more than twice. 

Sec. 7539-e. — Attendance at Other Institutes or 
Normals. 5. Teachers who attend Peabody institutes 
or other institutes or summer normals may have their 
license renewed by any examiner to whom application 
for renewal is made on presenting within ten days after 
the close of such institutes or normals certificates of 
attendance together with receipt from the county treas- 
urer for the payment of regular examination fee. 

Sec. 7539-f. — Reneival — When Made. 6. Except 
as provided above, endorsement shall be made only at 
the close of the June institutes and only to teachers who 
attend the institutes in the county in which application 
for endorsement is made and the same fee shall be nv 
quired for endorsements extending the time of licenses 
as is required for regular examinations. 

^EC. 7539-5r. — Those Holding State and Professional 
License Shall Assist. 7. It shall be the duty of those 
holding state and professional licenses to attend the in- 
stitutes and assist the county examiner in conducting the 
same and said licenses shall be endorsed as county 
licenses, showing the attendance at the institute, and if 

44 



DIGEST OF SCeOOiU IxAJWS 

the same be not endorsed each year for five consecutive 
years, it shall be null and void. 

Sec. 7539-7z. — State Superintendent May Revoke 
Licence. 8. The state superintendent of public instruc- 
tion is hereby authorized and empov^ered to revoke the- 
license of any county examiner who fails or neglects to 
perform any of the other duties required of him by law. 
Upon rdceiving notice of such revocation of the license of 
? county examiner the county judge shall within twentv 
days appoint another examiner in accordance with the 
law regulating the appointment of county examiners. 

Sec. 7539-i. — Laws in Conflict Repealed, 9. All 
laws and parts of laws in conflict herewith are hereby 
repealed, and this Act take effect and be in force from 
and after its passage. 

COMMON SCHOOL DISTRICTS. 

FORMATION. 
Sec. 7540. Notice of change in district shall he 
given. — When a change is proposed in any school dis- 
trict, notice shall be given by the parties proposing the 
change, by putting up hand bills in four or more con- 
spicuous places in each district to be affected, one of said 
notices to be placed on the public school building in each 
affected district. All of said notices to be posted thirty 
days before the convening of the court to which they 
propose to present their petition; said notices shall give 
t geographical description of the proposed change. Act 
of April 8, 1891. 

The assessment for taxation of tOie property rights of the rail- 
way company in iSichoo"! District No. 84 was not affected by the 
prior transfer of Jones School tax levied on the land out of which 
the railway company's easement was carved. — School District No. 
4 V. School No. 84; 93 Ark., 112, 124 S.W., 238. 

CORPORATE POWERS OF SCHOOL DISTRICTS. 

Sec. 7541. District shall he hody corporate. — Eacn 

45 



DIGEST OF SOHOOL UAWS 

./.school district shall be. a body corporate, by the name 
and style of ''School District No. — , of the county of 

-;' and by such name may contract "and be contracted 

with, sue and be sued, in any of the courts of this state 
having competent jurisdiction. 

EMINENT DOMAIN, IN CERTAIN COUNTIES. 

Section 7541-a. — Districts to Have Power of Emi- 
nent Domain. 1. The school districts in this state are 
hereby authorized to exercise the power of eminent 
domain and to condemn, take and use private property 
for the use of said school districts for school houses or 
necessary play grounds or other necessary uses incidental 
thereto. Act 376, Approved May 31, 1911. 

Sec. 745 1-&. — Must First Offer Just Compensation , 
2. Whenever any such district shall deem it desirable 
or necessary to condemn, take or use any private prop- 
erty for the purposes mentioned in section 1, it may 
condemn the same, first offering just compensation 
therefor. Act 376, Approved May 31, 1911. 

Sec. 7541-c. — Proceedings for Condemnation. 3. 
In case the owners of such property and the authorized 
board of directors of the school district shall not be able 
to agree on the price to be paid for such property, the 
said school district may file, in the circuit court of the 
county where such property is situated, condemnation 
proceedings, in which they shall set out specifically 
the description of the property desired, the purposes 
for which it is desired, and that the said district and 
the owner have not been able to agree upon a price 
therefor, and may, if the use or enjoyment of the prop- 
erty is needed forthwith for the construction of any 
building or proper carrying on of any school, request 
the court, or the judge thereof, at a convenient day, 

46 



DIOEST OF SCHiOOiL. I^AiWS 

notice of such application being given such owner, to 
fix a proper sum of money to be deposited as security 
for the payment of such damages as may be assessed, 
whereupon they sliall have authority to take immediate 
possession of such premises for uses as set up in their 
petition. Act 376, Approved May 31, 1911. 

Sec. 7541-c?. — Compensation to Be Fixed by Jury, 
4. If the damages or proper compensation for such 
property are not agreed upon before the case is called 
for trial in its regular order, a jury shall be empan- 
eled who, after hearing all the testimony, shall fix the 
compensation to be paid by such district, not exceed- 
ing the actual value of the land taken, without taking 
into consideration either detriment or benefit on account 
of school use to said property or any adjacent property. 
Act 376, Appromd May 31, 1911. 

Sec. 7541-e. — Payment and Vesting of Title; Act 
Applicable to What Counties. 5. After the compensation 
is so fixed by the jury, as in the preceding section pro- 
vided, the school district shall, within sixty days there- 
after, pay to the owner of said proptrty, or to the clerk 
of the court wherein such verdict was rendered, the 
amount of such verdict, and the court shall thereupon 
enter an order condemning said property and vesting the 
title in the same for school purposes in said district; 
provided, either party shall have the right of appefd:^ 
from any such order or judgment. ^ 



The provisions of this Act' shall apply to the follow- 
ing named counties only: Howard, Jackson, Faulkner, 
Logan, Arkansas, Woodruff, Cross, Madison, Pulaski, 
Pope, Yell, Searcy, Sevier, Mississippi, Miller, Critten- 
den, Baxter, Craighead, Montgomery, Cleburne, Sebas- 

47 



DIGEST OF SCHOOL LlAjWIS 

tian and Little River. Act 238, Approved March 29^ 
1913. 

A school district, in seeking a recovery of funds illegally paid 
on the warrants of its directors, does not exercise any of the func- 
tions of the sovereign power. Clark v. Sdhool District No. 16, 
84 Ark., &20; 106 S.W., 677. 

Sec. 7542. Shall hold the title of lands. — Every dis- 
trict shall hold in the corporate name of the district the 
title of lands and other property v^hich may be acquired 
by said district for school district purposes. Act Decern^ 
her 7, 1875, Sec, 53. 

School districts are not liable for trespass committed by their 
officers. School District 'No. 11 v. Williams, 38 Ark., 454. See^ 
School District v. Bodenhamer, 43 Ark., 140; SchooT District v. 
Reeve, 56 Ark., 68. 

iMandamus can only be used after judgment against a school 
district to force the payment of debt. Scliool District v. Boden- 
hamer, 43 Ark., 140. 

School property is not subject to the tax and suit therefor, for 
local improvements of a public nature. Board v. Scliool District, 
56 Ark., 3'54. 

Deed conveying land to people of school district is sufficient. 
Morris v. School District, 63 Ark., 149. 

District may sue for trespass. lb.. May employ attorneys. 
State V. Aven, 70 Ark., 291. 

Sec. 7543. Number required for formation, — Na 
new school district shall be formed having less than 
thirty-five persons of scholastic age residing within the 
territory included in such new district, and no district 
row formed shall, by the formation of a new district or 
transfer, be reduced to less than thirty-five persons of 
scholastic age. Act April 8, 1887, Sec. 2. See Sec. 7639. 

Sec. 7544. County court may form districts. — The 
county court shall have the right to form new school dis- 
tricts or change the boundaries thereof, upon a petition 

48 



DIGEST OF SiOHlOOaj ILAIWIS • 

of a majority of all the electors residing upon the terri- 
tory of the district to be divided. 

This section contemplates a petition by a majority of the elec- 
tors of all the districts combined, and not a majority of the electors 
of each district separately. Hudspeth v. WalUs, 54 ArK., 134. 

An admission that district was duly organized is conclusive as 
to its legal formation. Bvins v. Batchelor, €1 Ark., 521. See 
School District v. S'chool District, 63 Ark., 543. 

The order of the county court consolidating two sdhool dis- 
tricts is finalf, unless overruled by a higher court. JN either the 
state superintendent nor the county examiner has any authority 
in the premises. 

Sec. 7545. Law must govern formation. — Such ter- 
ritory shall have the requisite num^ber of children or 
property to comply with the now existing law in 3uch 
case. 

Sec. 7546. New district held liable for debt. — In 
the formation of new school districts that part of terri- 
tory taken off from the old district or districts, shall be 
held liable for a proportionate part of the oM indebted^ 
ness of the former district or districts at the time of the 
making of said new district. 

Sec. 7547. County court shall divide surplus, — In 
case there be a surplus fund on hand at the time of the 
formation of said district, it shall be entitled to a propor- 
tionate part of said fund, the same to be ascertained and 
determined by the county court of the county in which 
said new district may be created, as in the judgment of 
said court may be considered right and proper. Act 
April 8, 1887, Sec, 3. 

See Evins v. iBatKihe'lor, 61 Ark., 521; District No. 15 v. District 

Section 7547-a. — Two or more districts may be coiu 

49 



. DIGEST OF SCIHOOL. LAWS 

solidated. 1. Any two or more school districts in this 
state may be organized into and established as a single 
consolidate.d school district in the manner and with the 
powers hereinafter specified. — Acts 1911, Act 116, Ap- 
proved March 24, 1911.) 

Sec. 7547-&. — Directors to submit question, when. 
2. The board of school directors of each school district 
proposing to enter into the consolidation may, and, upon 
the written petition of ten per cent of the electors of the 
district shall, at any annual election or at a special elec- 
ion to be held for that purpose, which special election 
shall be held not less than thirty nor more than sixty 
days from the date of the presentation of the petition, 
submit the question of consolidation to the electors of the 
district. 

Sec. 7547-c. — Must give notice that question is to he 
voted on. 3. The board of directors of the district shall 
give notice that the question of consolidation is to be 
voted on by posting notices in at least five public places 
itt the school district, and by posting a notice at the 
school house of the district, at least five days before the 
day of election. If a special election is held it shall be 
held by the officers and in the manner provided in Sec- 
tion 7591 of Kirby's Digest. The ballots shall have writ- 
ten or printed on them, "For Consolidated School Dis- 
trict" and ''Against Consolidated School District." The 
returns of said election shall be made to the clerk of the 
county court. — lb. 

Sec. IMl-d. — Duty of county court if majority vote 
fo7' consolidation. 4. If a majority of the qualified voters 
of each school district proposing to enter into the con- 
solidation shall vote "For Consolidated School District," 

50 



DIGEST OF SCHOOL LAWS 

it shall be the duty of the county court on the first day 
'01! which the court may be in session after the returns 
of the election have been filed with the county clerk, to 
make an order dissolving said school districts and creat- 
ii'g out of the same territory a new district to be desig- 
nated "Consolidated School District No. — ." Said order 
shall designate the place of holding the annual and spe- 
cial elections of the consolidated district, which shall be 
held at the time and in the manner now provided by lavv\ 
— lb. 

Sec. 7547-e. — Consolidated districts, how governed, 
5. Between the date of the consolidation and the first 
annual election the said consolidated school district shall 
be governed by a board of directors composed of all the 
►^directors of the several school districts entering into the 
consolidation, but after the first annual election the con- 
solidated school district shall be governed by a board of_ 
six directors to be elected in the manner provided in Sec- 
tion 7591 of Kirby's Digest by the qualified voters of the 
-consolidated district. At the first annual election after 
the consolidation the six candidates receiving the highest 
number of votes shall serve, two for three years, two for 
two years, and two for one year, and they shall deter- 
mine by lot which shall serve for these respective periods. 
At each succeeding annual election two directors shall be 
elected to serve for a term of three years and until their 
successors are elected and qualified. Vacancies in the 
board shall be filled as provided in Section 7682 of 
Fvirby's Digest. — Ih. 

Sec. 7547-f. — Board of Directors to organize and 

hold regidar meetings. 6. Said board of directors shall 

organize as provided in Section 7681 of Kirby's Digest, 

-and shall hold regular meetings, and have the powers* 

51 



DI<3®ST OF SCHOOU iLAjWlS 

and discharge the duties prescribed in Section 7683 of 
Kirby's Digest. — lb. 

Sec. 7547-5r. — Powers of Board of Directors, 7. 
Said board of directors shall have the power to purchase 
or lease school house sites; to build, purchase or lease 
school houses, and keep them in repair; to purchase or 
acquire the use of the necessary desks, seats, furniture, 
fixtures, apparatus, books, stationery and school equip- 
ment; to provide water, light and heat for school build- 
ings, fence school grounds, erect out-houses, and make 
any and all improvements necessary or proper for the 
health, comfort or convenience of pupils; to provide 
records, blank books and stationery for the board of 
directors, and registry blanks and stationery for teach- 
ers; to procure insurance on any property belonging to 
the district; to hire the necessary teachers, officers and 
employees; to provide ample facilities and establish and 
maintain a sufficient number of grades in one consoli- 
dated school to accommodate all the pupils in the con- 
solidated district, if practicable; and, if not, to provide, 
equip and maintain other schools in the district; to de- 
termine the branches to be taught and the text-books to 
be used, in accordance with the laws governing special 
school districts; to admit pupils from other school dis- 
tricts, upon such terms as may be agreed upon with their 
parents or guardians, or with the district from which 
they come ; to procure for pupils living in the district the 
privilege of attending school in other districts upon 
terms to be agreed upon with such districts, and to pay 
the charges therefor; to examine, from time to time, the 
books and accounts of the county treasurer, so far as 
they relate to the several funds belonging to the district; 
and to appoint a committee of three to serve during the 
pleasure of the board of directors, whose duty it shall be 



52 



DiaEST OF SCHIOOiL ILAJWiS 

.to visit the school or schools of the district. The board 
of directors shall also have power, when in the judgment 
of a majority of said board the interests of the district 
demand it, to sell, exchange or lease any property, real or 
personal, belonging to the consolidated district, or which 
belongs to any district merged into the consolidated dis- 
trict, and a deed or bill of sale executed by the president 
of said board of directors pursuant to a resolution of the 
board shall pass all the right, title and interest of the 
district to the purchaser or buyer. — lb. 

Sec. 7547-/i. — Title to real estate, how vested, 8. 
The title to all the real estate and other property belong- 
ing to the several school districts entering into the con- 
.sdidaed school district shall tbest absolutely in the con- 
solidated school district. — lb. 

Sec. 7547-2. — To be body corporate. 9. Each con- 
solidated school district formed under this Act shall be 
a body corporate, and by its corporate name may sue and 
be sued, contract and be contracted with, purchase, ac- 
<iriire., lease, hold, sell and exchange property, and re- 
<jeive grants, gifts and bequests, and shall generally pos- 
sess and enjoy all the corporate powers usually possessed 
by bodies corporate of like character. — lb. 

Sec. 7547-y. — Debts of the several districts paid, 
how. 10. The board of directors of a consolidated 
school district shall pay and discharge all the debts and 
liabilities lawfully incurred by the several districts enter- 
ing into the consolidated school district. — lb. 

Sec. 7547-A;. — Penalty for refusal to serve as direc" 
tor. 11. Any person elected a director of a consolidated 
school district who shall fail to perform the duties of 

53 



DIGEST OF SCIH)00(L; LiAiWiS 

such director, shall suffer the penalty named in Section 
7691 and Section 7692 of Kirby's Digest.— /&. 

Sec. 75474. 12. Section 7693 and 7694 of Kirby's 
Digest shall apply to consolidated school districts formed 
I'.nder this Act. — lb. 

Sec. 7547-m. — Board to have power to borrow 
money, 13. Consoldiated school districts shall have the 
power to borrow money for the purposes and in the man- 
ner provided in Sections 7696, 7697 and 7698 of Kirby's 
Digest. In addition to such power, the board of direc- 
tors shall have the power to borrow money for building 
purposes, if authorized by a vote of a majority of the 
electors of the district at any annual election. Such vote 
may be "For Building Fund" or "Against Building 
Fund,'* and shall state the amount of the building fund 
tax which the voter desires levied. If a building fund i& 
voted, the amount of such tax shall be determined by 
taking the largest amount or rate of taxation voted for 
by a majority of the voters and if no rate shall have 
received such majority, then all the votes cast for the 
highest rate shall be counted for the next highest and so 
on, till some rate voted for shall receive a majority of all 
the votes cast. If a majority of the votes cast are "For 
Building Fund" it shall be equivalent to voting a build- 
ing tax of the amount or rate as determined by this sec- 
tion for each succeeding year until the money borrowed 
by the board of directors, pursuant to such vote, together 
with all interest thereon, shall have been fully paid. 
When a building fund has been specially voted for, as 
provided in this section, the board of directors may 
borrow money, and mortgage the real property of the 
district as security therefor, under such conditions and 
regulations as to amount, time and manner of payment 

54 



DIGEST OF SOHJOOL LAWS 

as the board of directors shall determine, and may, from 
time to time, renew or extend any evidence of the indebr- 
edness or mortgage issued or executed hereunder. All 
moneys borrowed under this provision shall be placed in 
the county treasury to the credit of the building fund of 
the district, and the board of directors shall issue to the 
person, firm or corporation advancing or lending such 
money a certificate, signed by the president and secre- 
tary of said board, in the following form: 

This is to certify that at the annual election held 
on the day of , 19 , in Consoli- 
dated School District No County, 

Arkansas, a majority of the electors of said district cast 
their votes 'Tor Building Fund," and fixed the amount 
or rate at mills; and that pursuant to the provi- 
sions of an Act approved on the... day of , 

19 , the board of directors of said consolidated 

school district have borrowed from the sum 

of $ , for a period of years, which 

amount, with interest at the rate of per cent per 

annum from this date until paid, is to be paid from funds 

arising from a tax of mills to be levied annually 

upon the property in said district. 

Witness our hands, as directors of said consolidated 

school district, on this the day of 

19 



55 



DIGEST OF SOHOOflLi iLAJWIS 



The said certificate shall be executed in triplicate 
and signed by a majority of the board of directors. One 
copy shall be retained by the board, another shall be de- 
livered to the lender, and the third shall be filed by the 
board of directors with the clerk of the county court. 
Upon the filing of said certificate, it shall be the duty of 
the county court to levy each succeeding year a building 
tax, of the amount or rate voted for, against the prop- 
erty in said district, until the amount thus borrowed, 
with the interest due thereon, has been fully paid, it 
sliall be the duty of the county treasurer to pay to the 
i) older of said certificate, upon demand, any funds to 
the credit of the building fund of said district, applying 
the same first to the payment of the interest due. 

Provided, That whether the vote be "For Building 
Fund" or ''Against Building Fund," this shall not pre- 
vent the electors from voting for a building tax as now 
provided by law. 

Provided, further. That the county treasurer shall 
receive no commission on the building funds of consoli- 
dated school districts handled by him. — Ih. 

Sec. 7547-n. — Funds of several districts transferred 
to consolidated district. 14. All funds to the credit of 
the several school districts dissolved and consolidated 
under this Act shall be transferred to the credit of the 
consolidated school district, and all outstanding debts of 
the dissolved school districts shall be charged to and paid 
by the consolidated school district. — lb. 

Sec. 7547-0. — Board may provide for transportation 
Of pupils. 15. The board of directors shall have power 

56 



DIGEST OF SCHOOL LA.WS 

to provide such transportation for the pupils of the dis- 
tricts as the board may deem advisable, and may pur- 
chase, rent or hire conveyances for this purpose; or the 
board of directors may enter into contracts with others 
for transportation service, requiring proper bonds for 
the faithful performance of the terms of said contracts. 
Such transportation shall be comfortable and safe, and 
shall be governed by such rules and regulations as the 
board of directors may prescribe. The cost of transpor- 
tation shall be paid out of the school funds to the credir 
of the consolidated school district. — lb. 

Sec. 7547.-P. — General laws to govern ivhen appUc- 
able. 16. The provisions of the general school laws of 
the state and the provisions of the special act for the 
regulation of schools in cities and towns which are now 
or may hereafter be in force, so far as applicable and not 
inconsistent with or repugnant to this Act, shall apply 
to consolidated school districts created under this Aci, 
but those provisions which are inconsistent with or re- 
pugnant to the provisions of this Act shall not apply to 
consolidated school districts;, and this Act shall take 
effect and be in force from and after its passage.. — lb. 

Sec. 7547-(/. — Consolidation on petition of electors. 
1. Whenever a majority of the electors of any number 
of school districts, which are contiguous, situated in 
two or more adjoining counties petition the county court 
of the respective counties for the formation of a com- 
mon school district, a consolidated school district, or a 
special or single school district, the county court, within 
fifteen days after the filing of such petition, together 
v/ith a map showing the total amount of territory to be 
embraced in said proposed district and written descrip- 
tion of the boundaries of the same showing all districts 



57 



DIGEST OF SOHOOLi L/AWS 

and parts of districts so embraced, shall order an elec- 
tion, and specify the time for holding the same in each 
district so petitioning. 

The directors in each district shall serve as the 
judges of said election, together with two clerks selected 
by the judges, who shall hold said election and shall 
make returns of the election to the county ^lerk of the 
county in which such district is located. Notices of 
such special election shall be posted in at least thre.e 
public places in each district at least ten days befo.-e 
such special election and such special election shall be 
held in each district at the regular voting place. 

The ballot of said special election shall be, "For 
Common School District," ''Against Common School 
District," 'Tor Consolidated School District," "Against 
Consolidated School District," or, "For Special School 
District," "Against Special School District" — as the 
kind or class of said proposed district may have been, 
designated in said petitions. 

If a majority vote of such election in each district 
be for the formation of said proposed district, the county 
court of the county in which such district is located at 
its regular next time of meeting, shall make an order 
of transfer of such districts or parts of districts to said 
proposed district. Provided, in such transfer herein 
mentioned no district shall be reduced to less than 3S 
persons of scholastic age. 

In the event however, a majority vote in any dis- 
trict be against the formation of said proposed district, 
then the district or part of district affected shall not >be 

58 



DIGEST OF SOHOOLi LlATVIS 

made a part of said proposed district. — (Act 450, Ap- 
proved June 2, 1911.) 

Sec. Ib^l-r. — Board to he appointed by County 
Court, ivhen. 2. Whenever a district is formed under 
the provisions hereinbefore set forth, such district shall 
possess and have all the powers and privileges now given 
to districts of the kind or class designated in said peti- 
tion, as provided in section one of this Act. 

When such district shall be formed as provided in 
this Act, there shall be appointed by the countj^ court of 
the county in which the largest area of territory of such 
district is situated a board of three, or six directors, as 
the case may be according to the kind or class of district 
so formed, from the electors of all the districts affected. 
Said board of directors shall serve until the next annual 
school election, at which election a board of directors- 
shall be elected in said district. Provided, that in the 
case of common school districts there shall be elected a 
board of three directors, one to serve one year, one fo 
serve two years, one to serve three years; and in the 
case of consolidated, or special school districts, there 
shall be elected a board of six directors, two to sexve for 
one year, two to serve for two years, and two to serve 
for three years, and annually thereafter an election shall 
be held in said district, as provided by statutes for an- 
nual school elections for districts of the kind or class of 
the respective districts formed under this act. — Ih. 

Sec. 7547-s. — For certain purposes, district consid- 
ered part of county from which largest poi'tion was 
taken. 3. For the purpose of administration of the 
affairs of said district, such as making the annual and 
enumeration reports, certifying the election of directors^ 

59 



DIGEST OF SOHIOOiL liAWlS 

and any and all other reports now required to be made 
b> directors and teachers, said district shall be consid- 
ered a part of the county in which the largest area of 
territory of said district is located, and all such reports 
as are required to be made to the respective officer of 
such county. Provided, that the teacher or teachers of 
said district is considered a part for the administration 
of its affairs. Provided, further^ that persons living in 
any part of said district shall have the same right to 
vote and to hold office as those persons living in any 
other part of the district. — Ih, 

Sec. 75A7't. — Tax voted, hoiu reported. 4. The tax, 
amount and kind, voted in said district shall be reported 
by the directors to the county clerk of each county in 
Vr4ii€fe-any part of the county clerk of each county i 
which any part of said district is located in order th:it 
such tax may be levied and collected in the county m 
v/hich any part of said district is located. 

The tax, when so certified by the directors of said 
district to the county clerk, shall be levied and collected 
iii the same manner as is now prescribed by law, and 
5uch tax, when collected shall be placed to the credit of 
said district. Provided, that all polls and penalties 
assessed and collected within said district shall be cred- 
ited to said district by the county court of the county in 
which said polls and penalties are collected. Provided 
further, that all moneys of whatsoever character, placed 
tc the credit of said district in eaclt county wherein any 
of the territory of said district is situated, shall be paid 
out by the treasurer of the county where same is held in 
the same manner as is now prescribed for paying out 
school moneys, upon the warrants of the directors of said 
district, when such warrants are properly drawn. 

60 



DdOBST OF SCHOOLi liAWIS 

All laws applicable to districts of like, kind or class 
shall be made applicable to all districts formed under tho 
provisions of this Act. — lb. 

Sec. 7547~u. — Titles vested in new district. 5. The 
title to all real estate and other property belonging to the 
several districts and all school property within the parts 
of districts entering into said new district shall vest 
absolutely in said new district. Provided, that all terms 
of school in session at the time said district is formed 
and all contracts with teachers in the several districts 
forming said new district may not be interrupted or 
annulled, but such terms shall continue to the end and 
such contracts be fulfilled. 

Repealing Clause: AH laws and parts of laws in 
conflict herewith are. hereby repealed and this Act, being 
for the immediate protection of the public peace, healthy 
and safety, shall take effect and be in force from and 
after its passage. 

DISSOLUTION OF 

Sec. 7548. County court may dissolve. — The county 
courts of this state shall have power to dissolve any 
school district now established, or which may hereafter 
be established in its county, and attach the territory 
thereof in whole or in part to an adjoining district or 
districts, whenever a majority of the electors residing in 
such district shall petition the court so to do. 

Sec. 7549. Notice of dissolution shall he posted. — 
When such dissolution is proposed, notice shall be given 
by those proposing the same by posters in four public 
places in the district. Said notices to be posted thirty 



61 



DIGEST OF SOHOOL. UAiWS 

days before the meeting of the term of the court at which 
such peition is proposed to be presented. 

Sec. 7550. Court shall proportion funds or indebt- 
edness. — Whenever, under this act, any district shall be 
abolished, any indebtedness due by it, or funds on hand 
to its credit shall be proportioned by the court among 
the districts to which its territory has been attached, 
according to the value of the territory each received, of 
which action of dissolution and distribution of indebted- 
ness or funds, as the case may be, the clerk of the court 
sljall give due notice to directors of each district affected, 
showing the territory attached to their district, and 
credited to it, as the case may be. 

Sec. 7551. Directors shall transmit records, — The 
directors of the district dissolved, upon receipt of notice 
€f clerk, shall transmit, without delay, all of the records 
of said district to the county examiner of the county for 
preservation in his office. 

APPORTIONMENT OF SCHOOL FUND. 

Sec. 7552. County court shall apportion. — The 
county court, immediately on receiving notice of the dis- 
tributive share of school revenue apportioned by the 
state superintendent to each county, shall proceed to ap- 
portion to the several school districts of the county, in 
proportion to the number of persons between the ages of 
six and twenty-one years residing within the school dis- 
tricts, respectively, on the first Monday of July previous, 
the said school revenue apportioned to the county and 
shall forward to the county treasurer, and to each of the. 
directors of each district, a statement of such apportioTi- 
ment carefully distinguishing the sources from which the 
school revenues so apportioned are derived, and the 

62 



DIGEST OF SCHOOO:! iLAWlS 

amount due each school district in the county from each 
separate source, and shall see that the revenues from the 
public school fund are invariably paid to the county and 
tj the school districts strictly in accordance with the ap- 
portionment made to them. 

An apportionment may be compelled by mandamus, and tne 
parents of cbildren of scholastic age are proper parties to petition 
therefor. Mattox v. Neal, 45 Ark., 121. 

In the case of J. C. Merritt et al- vs. J. H. Merritt, County 
Judge, appealed from Arkansas county, the supreme court, in Mav. 
189'!, held: 

"'It was the duty of appellant, as county Judge, on receiving 
notice of the amount apportioned to the county, to proceed to ap- 
propriate the same to the several districts upon whose enumeration 
the superintendent made the apportionment. The duty was abso- 
lute, and in its performance the country judge had no discretion. 
There ia| no reason why a district should be kept out of its funds, 
-for any length of time, on account of county lines, and it is the 
duty of the county judge to prevent it. If he fails to do his duty 
its performance should be coerced." 

This case clearly establishes the following principles: 

1. The county judge must apportion common school funds 
upon the enumeration of the apportionment as made by the super- 
intendent and upon no other. iHe has no right to change the enu- 
meration and apportionment. He simply appropriates to each dis- 
trict the amount apportioned by the state superintendent. 

2. This must be done without delay and despite changes in 
county lines. 

3. Duties are absolute and contain no element of discretion- 
This principle apples to every school officer and teacher. 

The amount of the per capita tax collected in the county should 
be apportioned to the districts in proportion to their educable 
children. 

Sec. 7553. Apportionment to new districts. — When- 
ever a new district shall have been formed and organ- 
ized, the court shall, at the next apportionment made 
thereafter, apportion to the new district, school revenues 
in proportion to the number of persons between the ages 

63 



DIGEiST OF SOHOOaLl UAIWS 

of six and twenty-one years reported by the directors of 
the new district.. Provided always, the number of per- 
sons between the ages of six and twenty-one years re- 
ported in any year by the district electors of each county 
shall be taken as the quota of that county, and the nun:- 
ber reported from each school district shall be taken as 
the quota of that district, and that the only basis oq 
which an opportionment of the school revenue shall be 
made is to be the number of persons so reported each 
year by the district directors. Act December 7, 1875, 
Sees. 40, 41. 

A special school district in whicli a common school district has 
been merged, is bound by all existing legal contracts made hy the 
common school district. 

Sec. 7554. County examiners shall report to clerk. 
— The county examiners of the several counties shall, 
annually, on or before the tenth day of August transmit, 
verified by affidavit, to the county clerks of their re- 
spective counties, a written report, showing the number 
of persons between the ages of six and twenty-one years 
residing in each school district in their respective coun- 
ties, as shown by the reports of the district directors 
made for the same year to the county examiners, as is 
now required by law. Act April 23, 1901, Sec. 3. 

Sec. 7555. County clerk shall report to court. — The 
county clerks shall, during the first terms of their re- 
spective county courts held after the reception of the 
reports provided for in the preceding section, lay such 
reports before such county courts, to be used as a guide 
ir making the apportionment of the general school fund 
to the various school districts. Act March 23, 1881. 

Sec. 7556. Counties shall he reimbursed for loss. — 
64 



DIGEST OF SCQBOOL. LAWS 

Any county which, by a change in county lines, or by the 
formation of a new county or counties, shall fail to^ re- 
ceive the school funds which justly should be appor- 
tioned to it, from the fact of its school population beiA'^ 
j'eckoned with that of the county or counties to which 
the said funds may be apportioned, shall be reimburse*! 
for the loss thus incurred. Said loss shall be corrected 
in the first apportionment of the school revenue there- 
after. Provided, if such correction be not made in the 
first apportionment thereafter, it may be made in the 
second. ■'' 

Sec. 7557. Loss home by original counties. — The 
amounts refunded according to the provisions of Section 
7556 shall be deducted from the funds apportioned to the 
counties which were the original recipients of the erro- 
neously apportioned revenues. 

Mandamus wi.l lie to compel apportionment as herein provided, 
Merritt v. School District, 54 Ark., 468. 

Sec. 7558. Auditor shall draiv warrant for fund.— 
Upon the presentation of the certificate of the superin- 
tendent of public instruction of the amount or amounts 
due any county, by the provisions of this act to the, 
auditor, he shall draw his warrant on the state treasurer 
for said amount or amounts in favor of the treasurer of 
said county for the benefit of the school fund and in com- 
pliance with Section 7553. Act March 6, 1877. 

COUNTY EXAMINERS AND COUNTY SUPERINTENDENTS. 

Sec. 7559. County court shall appoint examiner.-'— 
The county court of each county shall, at the first terin 
tJiereof after each general election, appoint in each 
county, not divided into two judicial districts, one county 
examiner, and in each county divided into two judicial 

65 



DIGEST OF SCHOOL. LAWS 

districts, may appoint one county examiner for each dis- 
trict, such examiner to be of high moral character and 
scholastic attainments. As amended by Act March 7, 
1893. 

A license from either district of a county, iwliere th«re are two 
districts, is valid throughout the county. 

iNote: — This section was amended in so far as it applied to 
Logan, Franklin, Yell and Clay counties by Act of May 4, 1911. 

The appointment of a county -examiner becomes complete upon 
the issuance to him by the superintendent of public instruction of 
the license required.— In re Smith, 84 Ark., 535-; 106 S. W., 679. 

Section 7559-a. 1. That at the general election 
for state and county officials, and every two ye.ars there- 
after, there shall be elected in the same manner, and 
under the same restrictions as are provided by law for 
the election of other county officials, a county superin- 
tendent of schools for each county in the State of Ar- 
kansas, who shall qualify as other county officials, and 
who shall hold his office for a term of two years, or until 
his successor shall have been elected and qualified. 

Question must be submitted to electors. — Provided, 
that before any county shall be authorized to elect a 
county superintendent, the question of "For County Su- 
pervision" and "Against County Supervision," shall be 
submitted to the qualified electors at the annual school 
meeting held on the third Saturday in May in the years 
preceding those in which the general state and county 
elections are held, and if a majority of the electors voting 
on the question in said election vote for County Super- 
vision, then said county shall elect a county superintend- 
ent as provided by this act. {Acts 1907, Act 399, Af- 
proved May 27, 1907.) 

' Counties having two judicial districts would not vote separ- 

66 



DIGEST OF SOHIOOL L.AW1S 

;aiely upon the question of county superintendency, a majority of 
. tile vote of the whole county would govern. Where a district occu- 
, pies territory in more than one county, the votes of the election 
shall be forwarded to their respective county seats. Ther§. can he 
-no joint superintendency as a superintendent shall have jurisdic- 
. tion only over one county. 

Sec. 7559-&. — Office of County Examiner abolished. 
2. The present county examiner in each county shall 

■ continue to perform the duties of his office, and to re- 
ceive compensation therefor, until the county superin- 
tendent shall be duly elected and qualified, in keeping 
with Section 1 of this Act, upon which the office of 

'€ounty Examiner shall be and the same is hereby 
abolished. 

Sec. 7559-c. — Eligibility for County Superintend- 
ent. 3. Before any person shall be eligible to the office 
of county superintendent, he shall have attained the age 
of twenty-five years, shall have taught at least twenty- 
four months in the county within five years preceding 
his candidacy, and shall at the time of his candidacy hold 
a first grade teacher's license, to be approved by the, 
state superintendent, professional teacher's license, or 
state teacher's license, and he shall be eligible to r^j- 
election without further examination. — lb. 

Duties, 

Sec. 7559-d. — He shall hold examinations and gvayit 
licenses. 4. The county superintendent shall hold quar- 
terly examinations, using questions furnished by the 
state superintendent of public instruction, and shall 
grant to persons of approved moral character, a license 
to teach in the public schools of the county in which the 
-examination is held under the following regulations : 

Applicants receiving third grade license, which shall 

67 



DIG-EST OF SCeOOIL LAWS 

be valid for six monthsr must pass an approved examina^ 
tion in spelling, reading, penmanship, English grammar,, 
arithmetic, geography, and United States history. 

Also, elementary agriculture and liorticulture. Act May 31,. 
1909. 

Receiving a second grade license valid for one year, 
an approved examination in the subjects required for a 
third grade license, and also in the history of Arkansas, 
physiolog3% and theory and art of teaching. 

Receiving a first grade license valid for two years,, 
an approved examination in the subjects required for a 
second grade license, and also in civil government, and 
elementary algebra. 

He shall be empowered at the request of the school 
beard desiring the services of such teacher, and upoa 
satisfactory evidence of qualification, to grant special 
license to teach subjects not enumerated above, valid for 
two years and good only with reference to the teaching 
of subjects mentioned therein. No persons shall be 
granted an examination until he or she shall present a 
receipt from the county treasurer for two dollars paid 
by him to the said treasurer, which amount shall he- 
placed to the credit of the fund for the payment of the 
salary of the county superintendent. 

Each teacher shall be authorized to teach only those 
branches upon which he has passed an approved exami- 
nation and which he has been licensed to teach. — lb. 

Sec. 7559-e. — He shall keep account ivith districts, 
r>. He shall keep an accurate account with each school 
district in the county, which shall include the name of 

68 



DIGEST OF SOHOOL LAWS 

'directors, amount debited and credited to each district, 
source of receipt and manner of disbursement. He shall 
keep a record of all contracts made with the teachers and 
all contracts made with the dealers for school supplies, 
and no charts, maps, globes or other school supplies, 
shall be purchased by the directors unless the same shall 
meet with his approval. He shall be required to furnish 
plans and specifications for the erection of new school 
houses, subject to the approval of directors. He shall 
file in his office a record of the amount voted for various 
purposes at the annual May meeting of the electors of 
the several districts of his county, and he shall not ap- 
prove any warrant drawn for any purpose other than 
those ordered at the May meeting. Within ten days 
.after the annual school meeting the directors of the vari- 
ous districts shall report to the county superintendent, 
upon a blank provided for that purpose, the amounts 
•ordered expended by the directors of their districts for 
the ensuing twelve months, also the number of mil's 
Toted for school purposes. — lb. 

Sec. 7559-/. — Teachers required to file reports. 6. 
He shall receive from each teacher monthly reports as to 
their work, including the number of pupils enrolled, the 
average number of daily attendance, the number in each 
■of the branches taught, the number of visits of directors 
and patrons, and such other items as the state superin- 
tendent may direct. He shall require the teachers to file 
01 cause to be filed in his office a similar report for the 
entire term of their schools, together with a copy of his 
daily register ; Provided, That in any school having more 
than one teacher, the principal teacher thereof may file 
one report for the entire school. — lb. 

Sec. 7559-5r. — He may refuse to grant license. 7. 

69 



DIGEST OF SCHOOL LAJWS 

He shall not license any person to teach who is given to- 
profanity, drunkenness, gambling, licentiousness, or 
other demoralizing vice, and who does not believe in the 
existtnce of a Supreme Being. He may cite to re-exami- 
nation any person holding a license in his county, and on 
being satisfied by re-examination, or by other means, 
that such person does not sustain a good moral charac- 
ter, or that he has not sufficient learning or ability to 
render him a competent teacher, he may, for these and' 
other adequate causes, revoke the license of such persons. 
In case of such revocation, he shall immediately give 
notice thereof to such teacher and the director, and? 
thereby terminate the contract between said parties, but 
the wages of such teacher shall be paid for the time he 
shall have actually taught prior to the day on which he 
received notice of the revocation of his license. — lb. 

Sec. 7559-/1. — He shall prepare course of study and' 
help secure books. 8. He shall co-operate with teachers 
and directors to secure in those counties, which have 
adopted county uniformity the use of the books which- 
have been adopted. In those counties which have not 
adopted uniformity, he shall co-operate with teachers 
and directors to have district adoptions as now required 
by law, and where adoption in districts may not be made,., 
he shall strive to secure the use of those text-books in 
most general use. He shall prepare a course of study for- 
the use of schools of his county, following the plans sug- 
gested by the state superintendent, and shall aid the 
teachers in putting the same into successful operation in^ 
his county. — lb. 

Sec. 7559-^ — He shall open and heep office. 0. 
He shall have and maintain a suitably equipped office at 
the county seat at the expense of the county, and shall 

70 



DIGEST OF SCHOOL LAWS 

keep therein a supply of blanks as may be furnished by 
the state superintendent of public instruction to the 
directors, and shall see that the various districts of his 
county are supplied with the same. He shall also keep 
in his office a record and description of each district in 
his county, making such changes and alterations in the 
boundaries of the same from time, to time as the action 
of the count}' court in forming new districts may require, 
and shall keep an up-to-date map of the districts of his 
county. He shall also keep a record of all official acts 
and deliver the same to his successor in office. He shall 
remain in his office during business hours on the second 
and fourth Saturdays in each month to attend to his 
official duties. — lb. 

Sec. 7559-y. — He shall devote entire time to office, 
10. He shall devote, his entire time in the performance 
of his official duties, and shall visit each school in his 
county at least once during each year, and as often there- 
after as practicable, remaining therein not less than three 
hours on his first visit. He shall keep a record of each 
visit, giving therein the condition of the school and all 
official acts and recommendations made by him at the 
time of such visit. He shall labor to create among the 
people an interest in public schools, and shall give such 
directions and shall make such recommendations and 
suggestions to teachers and to school boards, as he may 
deem needful to secure the best results in the instruction 
of pupils, and he shall from time to time examine classes 
and note the character of work that is being done. He 
shall also, in addition to the annual county institute now 
required by law to be held, divide his county into as 
many districts as may be practicable, and hold in each 
district at some place suitable to the convenience of the 
teachers, during school terms, institutes for the purpose 

71 



DIGEST OF SOHOOL LAWS 

of instructing the teachers in methods of teaching, and 
for the discussion of all matters pertaining to the inter- 
est of schools. A district institute shall be only one day 
if length, and all teachers of the district, unless excused 
for sickness or other adequate cause, shall attend the 
same, and for failure to do so their licenses may be re- 
^ oke.d. His supervision as indicated in this act shall not 
extend to cities or towns that have provided for the 
supervisions of their schools. — lb. 

Sec. 7559-/1:. — Annual report — Contains what. 11. 
He shall annually on or before the 10th of August, pre- 
pare in tabular form an abstract of the reports made to 
him by the directors of the school districts embraced in 
his county, showing the number of organized districts :ti 
his county at the commencement of the year ; on the f irat 
day of July preceding, those districts that have made 
tneir annual reports, the number of persons in each dis- 
trict between the ages of six and twenty-one years, dis- 
tinguishing the sex, and also the color of said person; 
the number of said persons that attended school during 
the year, and the number enrolled in private schools ; the 
average number of males and females of each color in 
daily attendanc, and the number that pursued each of 
the studies designated to be taught in the common 
schools, the number of teachers of each sex employed in 
his county, the average wages paid per month to the 
teachers of each sex according to the grade of certifi- 
cate; the whole amount paid as teachers' wages in each 
county ; the number of pupils that studied in his county, 
and the several branches taught; the number of school 
houses erected during the year in his county, material 
used in their construction, their condition and value ; the 
grounds of how many inclosed, the amount of money 
paid by tax in each district, for what purpose raised; the 



DIGEST OF SOHOOL liAiWS 

amounts that have been expended and for what purpose ; 
the amount of revenue received by his county from the 
ccmmon school fund, and received for the support of 
schools from each of all other sources ; for what purpose 
and in what sums the said revenues were expended, and 
\,'hat amounts unexpended were at the close of the school 
year in the county treasury and shall report also the 
number of deaf mutes and blind in each school district in 
his county, between the ages of six and twenty-six years, 
their names and postoffices. — Ih. 

Sec. 7559-Z. — Examination held. — Hoiu. 12. The 
county superintendent shall hold the quarterly examina- 
tion on the third Thursday and Friday following of 
March, June, September and December at the hours de.^- 
ignated by the state superintendent of public instruction 
ac the county seat of each county, in a suitable room to 
be provided by the county court, and using the questions 
prepared by the department of public instruction. The 
questions shall be mailed by the state superintendent of 
public instruction under seal, and shall not be opened 
until the day of the examination, and then in the pres- 
ence of the applicants for license. He shall conduct all 
examinations in writing, but shall grant no certificates 
cf qualification except in accordance with the provision 
of the law respecting teachers' certificates. He shall 
grant private examinations only when public necessity 
demands it, and then only on the written request of the 
directors of the district in which the teachers propose 10 
teach. The examination papers of all persons licensed 
shall be graded and filed for two years in the county 
superintendent's office, subject to the inspection of the 
state superintendent of public instruction, or any school 
director of the countjry. The questions furnished by the 
state superintendent shall be used only at the time des- 

73 



DIGEST OF SCHOOL LAWS 

ignated for public examinations. The standing of each 
applicant in each study must be endorsed on the certifi- 
cate issued only upon examination; otherwise the cer- 
tificate shall not be valid. — lb. 

Sec. 7559-m. 13. That section 13 of Act 399 of the 
Acts of the General Assembly of 1907, be and the same- 
ih hereby amended so as to read as follows: "The 
county superintendent shall conduct a five days' insti- 
tute during the month of June under the same directions 
and requirements as is now required of county exam- 
iners." (Acts 1911, Act 275, Approved May 19, 1911.) 

Sec. 7559-w. 14. That section 14 of said act be and 
the same is hereby amended, so as to read as follows: 
Section 12. "The. compensation of the county superia- 
tendent shall be paid out of the general school fund of 
their respective counties and shall be drawn by a war- 
rant signed by the county clerk and allowed by the- 
county court or judge of his county. Said compensation 
shall be as follows: Each superintendent shall receive- 
the same salary as the county judge of his county, but no 
superintendent's salary shall exceed twelve hundred 
($1,200.00) dollars a year, nor in any case be less than 
six hundred ($600.00) dollars a year; provided, that 
county superintendents shall receive the fees paid in 
each county for examination for license to teachers, in- 
addition to the salary specified herein; and, provided 
further, that the salary for the last quarter of each year 
of his service shall not be paid until the county treasurer 
shall see in person that the proper records for the year 
have been filed among the permanent records of the 
county superintendent's office." — lb. 

Sec. 7559-0. — County court shall set aside fund for 

74 



DIGEST OF SCHOOL L*AWS 

salary. 15. For the purpose of paying the salary of the- 
county superintendent, as set forth in Section 14 of this 
Act, the county court shall at the first term after the 
collector and the state shall have paid to the county 
treasurer all funds due the common schools, before said 
sums are pro rated or credited each district of the county, 
set aside the salary herein mentioned, said salaries shajl 
be placed in the county treasury, to the credit of the 
county superintendent, and shall be known as the 
'County Superintendent's Fund." Said salary shall be 
paid to the county superintendent quarterly and shall be 
drawn by warrant, as provided in Section 14 of this Act» 
(Act 399, Approved May 27, 1907.) 

Sec. 7559-p. 16. That section 16 of said act be 
and the same is hereby amended, so as to read as fol- 
lows: *'The fees paid for examination for license to 
teachers as provided in section 7567 of Kirby's Digesr, 
shall be set aside and paid to the county superintendent 
of each county, as now paid to the county examiner, in 
addition to the salary specified in above section." {Acts 
1911, Acts 275, Approved May 19, 1911.) 

Repealing Clause: That all laws and parts of 
laws in conflict herewith be and the same are hereby 
repealed, and this Act, being for the immediate protec- 
tion of the health, peace and safety of the people, the 
same shall take effect and be in force from and after its 
passage. 

Sec. 7559-q,—He shall take oath. 17. Before en- 
tering upon the duties of said office, the county super- 
intendent shall take and subscribe the oath prescribed 
for other countv officers bv the Constitution of this^ 



75 



DIGEST OF SOHJOOiL LAWS 

^tate, and file such oath in the office of the county clerk. 
{Acts 1907, Act 399, A2)2)roved May 27, 1907.) 

Sec. 7559-r. — Laivs in i-eference to county examiner 
shall apply. 18. That all laws and parts of laws ap- 
j/licable to the office of county examiner, not in conflict 
herewith, shall be applicable to the office of county 
■superintendent; and that all laws and parts of laws in 
conflict herewith be and the same are hereby repealed, 
and that this act shall take effect and be in force from 
.and after its passage. 

Sec. 7559-s. — What city schools exempt from Se'\ 
7559-a to 7559-s, providing for a county ^iipenntende7it. 
19. Any city in this state., including the territory an- 
nexed thereto for school purposes, in which the number 
of persons between the ages of six and twenty-one 
years, exceeds five thousand, as shown by the report of 
the school directors as provided for in Section 7633 of 
Kirby's Digest, and which is situated in any county in 
which the Act of May 27th, 1907, creating the office of 
county superintendent of schools has been adopted, shall 
bf; and the same is hereby exempted from the provi- 
sions of the said act. {Acts 1911, Act 444. Approved 
June 2, 1911.) 

Sec. 7559-i. — School board of such schools to have 
control. 20. The school board of any such city, in ad- 
dition to the powers now vested in it by law, shall de- 
termine the course of study for schools under its charge 
and shall fix the qualifications of teachers in the. schools 
of such city. {Acts 1911, Act 444. Approved June 2, 
1911.) 

Sec. 7559-?^ — Superintendent of city schools to U- 

76 



DIGEST OF SCHOOL LAWS 

cense teachers to teach therein, but not elseivhere. 21.. 
The superintendent of the city schools in any such city, 
duly elected as such by the school board, shall have the 
authority and perform the duty of a county examiner 
as provided by law; provided, a license to teach issued 
by any city superintendent shall be valid only for the 
schools of the city in which issued for a term of two 
years, subject to renewal upon such conditions as may 
be fixed by the school board. {Acts 1911, Act. 444. Ap- 
proved June 2, 1911.) 

Repealing Clause : All laws and parts of laws in 
conflict herewith, be, and the same are hereby, repealed, 
4nd this act shall take effect and be in force from and. 
after its passage. (Ibid) 

Sec. 7560. Prior appointments made valid. — Any 
appointments heretofore made by the county courts for 
the districts of such counties as are. mentioned in the 
preceding section in which an examiner has been ap- 
pointed for each district are hereby declared to be legal 
and valid appointments. {Act March 20, 1883, Sec. 2.) 

The examiner must have the qualifications of an •elector. He 
is an officer of the state— being a part of the executive department 
of the state. A woman may not be appointed to this position. 

The law authorizes, but does not require the appointment of 
tvo examiners in counties having two judicial districts. 

Sec. 7561. Examiner shall take oath. — Before en- 
tering upon the duties of that office, the county exam- 
iner shall take and subscribe the oath prescribed for of- 
ficers by the constitution of this state, and file such 
oath in the office of the county clerk. (Act March 1^ 
1875, Sec. 43.) 



77 



DIGEST OF ©OHOOL LAWS 

Sec. 7562. He shall stand examination, — All county 
€xaminers shall be required, before entering upon the. 
duties of their offices, to stand the same examination as 
is required of the teachers who receive first grade li- 
censes. 

Before a county examiner enters upon Ms duties, lie must se- 
cure a license from the superintendent of public instruction. — In re 
Smith, 84 Ark-, 535; 106 S. W., 679. 

Sec. 7563. .He is not eligible for director. — No one 
shall fill the offices of county examiner and school direct- 
or at the same time. 

Sec. 7564. County clerk shall notify Superintend- 
ent of iappointment. — ^The clerk of the county court in 
each county shall notify the superintendent of public 
instruction of the appointment of the county examiner 
in his county immediately upon his appointment, to- 
gether with his name and address. 

Sec. 7565. State Superintendent shall examine. — 
The superintendent of public instruction shall either at- 
tend in person or appoint some one duly qualified to ex- 
amine such person appointed as county examiner, as to 
his qualifications, using the same questions as are then 
being used in the examination of teachers applying for 
first grade license. 

Sec. 7566. Compensation. — All county examiners 
shall be paid such salary each year as may be fixed by 
the county judge of the county for which he was ap- 
pointed, out of the school fund of such county; provided, 
such salary shall not be greater than the amount receiv- 
ed by the county treasurer from the tax imposed in the 
following section. > , 



78 



DIGEST OF SCBOaX. (LAjWS 

The intention of the statute was to fix the salary of an ex- 
aminer at an amount equal to the amount paid in by the applicants 
for examinations, and it was not intended to reduce the salaries 
already paid these officers. 

The salary of the county examiner cannot be paid in county 
scrip. The law expressly says that it shall be paid out of the com- 
mon school fund of the county. 



Sec. 7567. Applicant for license must have receipt. 
— No county examiner shall examine any one applyiag 
to him for license as a teacher until he shall present a 
receipt from the county treasurer for two dollars paid 
by him to such treasurer to go to the credit of the county 
school fund. {Act. March 7. 1893.) 

The examiner's fee must be paid to the county treasurer anl 
not to the examiner. Any fee greater than two dollars is illegal. 
This fee is the same for either public or private examinations and 
is to be paid for the examination and not for the certificate, it 
should be paid to the county treasurer and a receipt taken before 
the examination begins. 

Sec. 7568. He shall examine and license teachers. — 
it shall be the duty of such examiners to examine and 
license, teachers of common schools. He shall hold on the 
third Thursday and Friday following of March, June, 
September and December, at the hours designated by the 
slate superintendent of public instruction, at the county 
seat of each county, in a suitable room to be provided by 
the county court, and using the questions prepared by the 
department of public instruction, a public examination 
for that purpose. The questions shall be mailed by the 
superintendent of public instruction, under seal, and 
shall not be opened until day of examination, and then 
ir the presence of the applicants for license. He shall 
conduct all examinations in writing and shall grant no 
certificate of qualification, except in accordance with the 
provisions of the law respecting teachers' certificates. 



79 



DIGEIST OF SCOHOOOL LiAWS 

He shall grant private examinations only when public 
necessity clearly demands it, and then only on the writ- 
ten request of the directors of the district in which the 
teachers propose to teach. The examination papers of 
all persons licensed shall be graded and filed in the coun- 
ty examiner's office, subject to the inspection of the 
state superintendent of public instruction or any school 
director of the county. The questions furnished by the 
state superintendent shall be used only at the time desig- 
nated for public examinations. The, standing of each 
applicant in each study must be indorsed on the certifi- 
cate issued only upon examination, otherwise the certi- 
ficate shall not be valid. 

The examination must Tje quarterly and public. The dates fixed, 
for these quarterly examinations are the third Thursday and Friday 
following of March, June, September and December. The written 
questions are furnished by the state superintendent and are uni^ 
form throughout the state. The regulations as to the grading of 
the certificates are furnished to each examiner with the questions. 
iHe is positively forbidden to grant certificates without examina- 
tion, or upon a partial examination. He is not authorized to Issue 
a license based upon a diploma or upon a license issued in another 
county or state. 

Examination papers are a part of the public documents of the 
county examiner's office- They are in no sense the property of the 
teacher by whom they are prepared. Like all other public docu- 
ments, they are open to inspection by any one desiring to examine 
ihem, but they must not be removed from the county examiner's 
office. 

The examiner is not required to grant a private examination 
or one held at any other than the regular quarterly dates. Pri- 
vate examinations should be granted only when public necessity 
demands. AVhen granted they should be conducted in the same 
manner and with the same regulations and requirements as are 
the public quarterly examinations. 

Sec. 7571. H\e shall grant license. — All persons 
present and applying for examination, with the in- 
tention of teaching, the examiner, if convinced that 
such persons are of good moral character and are com- 

80 



DIGEST OF S'aHlOOL. LAWS 

petent to teach successfully the foregoing branches shall 
give such persons certificates, ranking in grades to cor- 
respond with the relative, qualifications of the applicants, 
according to the standard adopted. {See Sec. 7577.) 

Sec. 7572. He shall not license in some cases. — He 
shall not license, any person to teach who is given to 
profanity, drunkenness, gambling, licentiousness or otli- 
ei demoralizing vices, or who does not believe in the 
existence of a supreme being; nor shall he be required 
to grant private examinations, except as provided in 
Section 7568. 

The examiner must convince himself hy evidence if the appli- 
cants are unknown to him, that they are of good moral character. 
He must exclude every person who is given to profanity, drunken- 
ness, gambling, licentiousness, or other demoralizing vic-es. Sncii 
vices may be refusal to obey the law as to institute w^ork or regular 
examination work. A positive refusal upon the part of an "appli- 
cant, or one holding a license, to obey the school law should, ex- 
clude him or take from him his license. Obedience to law is the 
fifst mark of a true teacher, and no one may claim privileges uiider 
it who refuses to obey it. He should ascertain by direct, question 
the belief of every person as to the Supreme Being. The words 
"who is given to," mean either "habitual" or "habitual when opP6r. 
tunities afford." It requires no nice distinction to avoid extrenies 
at this junctur-e. If the applicant is given to these things so as to 
raise a question of doubt in the mind of the examiner, the applicant 
should be 'excluded. The doubt must be resolved in favor of the 
schools and not in favor of the applicants. He must show a posi- 
tive moral character, one emphatically marked by the absence of 
these vices and cannot rely upon the ordinary presumptions . of 
innocence. He must show himse:f clear or be excluded from the 
state's schools. 

Sec. 7573. He may re-examiyie and revoke license. 
He may cite to re-examine any person holding a li- 
cense and under contract to teach any. free school within 
his county, and on being satisfied by a re-examination, 
or by other means, that such person does not sustain a 
good moral character, or that he has not sufficient 
learning and ability to render him a competent teacher, 

81 



DIGEST OF SOHIOOIj LAWS 

he may for these and other adequate causes, revoke the 
license of such person. 

In the case of Huff v. Lee, 61 Ark., 494, the supreme court held 
that the examiner was not personally liable for damages for the 
revocation of a teacher's license, provided he acted in good faith 
and without malice, and provided h'e gave the teacher due notice 
and a fair hearing before revoking the license. 

In the case of School District v. Maury, 53 Ark., 471, it was 
held that the power given the examiner to revoke the license of a 
teacher does not exclude the right of a board of directors to termi- 
nate a contract for gross immorality or incompetency. Only the 
question of revocation for these two causes was raised in tnis 
case, but it may be inferred that other adequate causes would 
justify a board of directors in terminating a contract, without wait- 
ing for a revocation of license by the county examiner. In all such 
cases justice demands that the teacher be giveen a proper hearing 
before final action is taken. 

Sec. 7574. He must give notice of revocation to 
teacher and directors. — In case of such revocation, he 
shall immediately give notice thereof to such teacher 
and the directors, and thereby terminate the contract 
between the said parties, but the wages of such teacher 
shall be paid for the time he shall have actually taught 
prior to the day on which he received notice of the revo- 
cation of his license. {Act April 14, 1893.) 

Sec. 7577. He shall grant three grades of certifi- 
cates. — There shall be three grades of certificates grant- 
ed on the following conditions: Applicants receiving a 
third grade license, which shall be valid for six months, 
must pass an approved examination in spelling, reading, 
penmanship, English grammar, arithmetic, geography 
and United States history; receiving a second grade li- 
cense, valid for one year, an approved examination m 
the subjects required for a third grade license, and also 
in history of Arkansas, physiology and theory and art of 
teaching; receiving a first grade license, valid for two 

82 



DIGEST OF SOHOOL LAWS 

..years, an approved examination in the subjects required 
for a second grade license, and also in civil government 
and elementary algebra. He shall also be empowered, at 
the request of school boards desiring the services of such 
teachers, and upon satisfactory evidence of qualifica- 
tions, to grant special licenses to teach subjects not 
enumerated above, valid for two years, and good only 
with reference to the teaching of subjects mentioned in 
said license. No person shall be granted an examination 
until he shall present a receipt from the county treas- 
urer for two ($2) dollars, paid by him to the said 
treasurer, which amount shall be placed to the credit of 
the common school fund of the county. Each teacher 
.^hall be authorized to teach only those branches upon 
which he has passed an approved examination and which 
-he has been licensed to teach. 

Directors and teachers should notice this section. No teacher 
-can, without violating the !aw, teach t^ose subjects in which ne 
has not passed an approved examination. Directors cannot cause 
him to do so. 

Sec. 7578. He shall keep a record of each teacher. 
^ — He shall keep a record of the age, name, sex, post-of- 
iice address and nativity of each person licensed by him 
to teach, and of the date and grade of his certificate, and 
shall include such record in his report to the state super- 
intendent. 

Sec. 7579. He shall instruct and encourage teach- 
ers and patrons. — He shall encourage the inhabitants to 
form and organize school districts, to establish public 
3chools therein, under qualified teachers, to furnish suit- 
able text-books for their children and to send them to 
school. He shall direct the attention of teachers and 
•school patrons to those methods of instruction that will 



83 



DIGEST OF SCHOOIi LAjWIS 

:best promote, mental and moral culture, and to the mo.^:t 
feasible and improved plan for building and ventilating 
^cboolhouses. He shall labor to create among the people 
^n interest in public schools, and shall take advantage of 
public occasions, such as the, dedication of schoolhouse.^, 
.public examinations and institutes, to impress people 
v;ith the importance of educating every child, and con- 
.sequently of the duty of maintaining a system of free 
schools established by law. He shall receive the reports 
of the directors, transmit an abstract of the same to the 
state superintendent, and transmit therewith a report of 
the condition and prospects of the schools under his 
superintendence, together with such other informatioa 
and suggestions as he may deem proper to communicate. 

Sec. 7580. Annual report — Includes ivhat. — He 
shall^ annually, on or before the 10th day of August, pre- 
pare in tabular form, an abstract of the reports made to 
him by the directors of the school districts embraced 
within his county, showing the number of organized dis- 
tricts in his county at the commencement of the year, on 
the first day of July preceding, the districts that have 
made their annual reports, the number of persons in each 
fiistrict between ages of six and twenty-one years,, distin- 
iguishing the sex and also the color of said persons; the 
^lumber of said persons that attended school during the 
^ear; the average number of males and females of e.ach 
tcolor in daily attendance; and the number that pursued 
each of the studies designated to be taught in the com- 
)mon schools ; the number of teachers of each sex em- 
4^1oyed in his county; the average wages paid per month 
't^ the teachers of each sex, according to the grades of 
•their certificates; the whole amount paid as teachers' 
.wages in his county ; the number of pupils that studied in 

84 



DIGEST OF SOHOOiL ULW® 

his county, and the several branches taught; the number 
•of schoolhouses erected during the year in his county, 
material and the cost of the same; the number before 
erected, the material used in their construction, their 
condition and value; the grounds of how many inclosed; 
the amount of money raised by tax in each district, for 
yvhat purpose raised; the amounts that have been ex- 
pended, and for what purpose; the amount of revenue' 
Tt^ceived by his county from the common school fund and 
'received for the support of the schools from each of all 
ether sources; for what purposes and in what sums the 
3aid revenues were expended, and what amounts unex- 
Ijended were, at the close of the school year, in the coun- 
ty treasury; and shall report also the number of deaf 
mutes, blind and insane in each school district in his 
•county, under thirty years of age, their names and their 
.post-offices. 

Sec. 7581. He shall number districts. — He shall 
(jTiumber the several school districts in his county in reg- 
ular order from number one upward, and shall keep in 
•his office a record and description of each district, with 
the boundaries clearly defined, and also a record of such 
changes or alterations in the boundaries of each as shall 
from time to time be made. 

Sec. 7582. To hold institutes — may appoint. — He 
shall have the power to appoint some suitable person to 
hold teachers' institutes and examine teachers in his 
county in case of his inability to attend such institutes 
and examinations. {Act December 7, 1875, Sees. 45-52.) 

Sec. 7583. {Act March 11, 1881, Sec. 7.) This sec- 
tion was repealed by Sec. 7539-h. In re Smith, 84 Ark., 
533, 106 S. W. 679. 

85 



DIGEST OF eCHOOLi liAiWiS 

Sec. 7584. Penalty for neglect of duty. — If any^ 
<:ounty examiner shall neglect, fail or refuse to perform 
«ny of the duties required of him in Section 7580, and> 
fihall not forward the abstract mentioned in said section 
to the superintendent of public instruction on or before 
the tenth day of August of each year, he shall forfeit to 
the county the sum of twenty-five dollars, to be recovered 
fts provided by law, together with all cost, and be paid 
into the county treasury. {As amended by Act of April' 
23, 1901.) 

Sec. 7585. County court may allow expenses. — 
Each county examiner shall make out and present to the 
county court of his county, at its first term after the thir- 
(tieth of June in each year, an account of expenditures 
vfor postage, county district records, or a school district 
p.-ap of the districts of his county, and of freight or ex- 
jpress charges for the transmission of blanks or such 
ether expenditures as he may have actually and unavoid- 
(ably incurred, and the county court may allow the same 
in any sum not exceeding twenty-five dollars in any one 
■year, including ten dollars for his report to the superin- 
ftendent of public instruction. 

Sec. 7586. County clerk shall issue warrant for eo:^ 
{penses. — When the county court shall have allowed the 
(account of the county examiner as provided in the prt3- 
vious section, the county clerk shall issue a warrant upon 
the treasurer for said claim, and upon presentation of 
said warrant to the county treasurer, he shall pay the. 
same out of the common school funds in his hands be- 
longing to the county and not yet apportioned to the sev- 
eral school districts. (Act March 2, 1887, Sees. 2-3.) 

Sec. 7587. Shall furnish 2nipils a certificate. — 

86 



DIOBST OF SOHiOaL LAWS 

TVhen a pupil has completed the course prescribed in 
Section 7532 and passed a satisfactory examination the 
teacher and directors shall certify the same to the coun- 
ty examiner, and thereupon he shall furnish to said pupil 
a certificate to be supplied by the state superintendent, 
and in the nature of a diploma, the same to be signed by 
the state superintendent, and countersigned by the coun- 
ty examiner and teacher of said pupil. 

ANNUAL SCHOOL MEETING. 

Sec. 7588. Who may hold meetings. — When held. — 
That the male residents in each organized school district 
in this state over the. age of twenty-one years, who have 
;paid their poll tax and resided therein for thirty days, 
•and within the state for a period of one year, and in the 
•county six months, previous to said elections, shall an- 
nually on the third Saturday in May at two o'clock p. m., 
hold a public meeting to be designated ''The Annual 
School Meeting of the District," and each school district 
for the purpose of school elections alone, shall be a^'polit- 
ical township." (As amended by Act of January 10, 
1897.) 

Sec. 7589. Qualifications of voters. — All persons 
qualified to vote for county and state officers at the gen- 
eral election shall be deemed qualified electors of the 
school district in which they reside., and shall have the 
privilege of voting at all school meetings. 

Sec. 7589-a. — What taxes to he levied at meeting, 
1. That Act No. 266 of the Acts of 1905 be and the same 
is hereby amended to read as follows : 

For the purpose of raising revenue to support the 
state government, the charitable institutions of the state, 

87 



Y 



DIGEST OF SOHOOL LAWS 

an-^ the common school, a tax shall be levied on the tax- 
■able property of the state, as follows : 

For defraying the general expenses of the state gov- 
ernment, including the charitable institutions of the 
slate and to supply deficiencies, there shall be levied for 
<3ach fiscal year beginning on the first Monday in Febru- 
ary, 1907, one and three-fourths mills on the dollar; for 
\ the support of common schools, three mills on the dollar. 
yXy There shall also be levied annually one dollar per capita 
en every male inhabitant of the state over twenty-one 
years of age for common school purposes. Provided, this 
act shall not be construed to effect the levies provided for 
in Sections 6493 and 242 of Kirby's Digest, and that pro- 
vided for a Capitol fund by act of April 29, 1901, and the 
act to pension ex-Confederate soldiers, approved March 
4, 1907. 

Sec. 7590. Quorum; Routine of Business. — The 
electors of every school district shall, when lawfully as- 
eembled in annual school district meeting, with not less 
than five electors present, have the power, by a majority 
of the votes cast at such meeting ; first, to choose a chair- 
man; second, to adjourn from time to time; third, to ap- 
point when necessary, in the absence of the directors of 
the district, a clerk j^^^'o tern; fourth, to elect a director 
for the district for the next three school years, who can 
read and write; fifth, to designate a site for a school 
house; sixth, to determine the length of time during 
v/hich a school shall be taught more than three montlis 
in a year; seventh, to determine what amount of money 
shall be raised by tax on the taxable property of the dis- 
trict, sufficient, with the public school revenues appor- 
tioned to the district, to defray the expenses of a school 

88 



DIGEST OF SOHOOLi liAWlS 

(for three months, or for any greater length of time, they' 
may decide to have a school taught during the year; 
qjTOvided, no tax for the purpose aforesaid greater than 
•seven-tenths of one per cent on the assessed value of the 
property of the district shall be levied; and, provided 
further, they may if sufficient revenue cannot be raised 
to sustain a school for three months during any one year, 
determine by ballot that no school shall be taught during 
.^uch year, in which case the revenue, belonging to such 
idistrict shall remain in the treasury to the credit of sucii 
♦school district ; eighth, to repeal and modify their pro- 
ceedings from time to time. 

, Repealing Clause : All laws and parts of laws in 
conflict herewith be and the same are hereby repealed, 
-and this act shall take effect and be in force from and 
after its passage. (Acts 1907, Act 189. Approved 
April 17, 1907.) 

To l)e an elector he must have his name on the paid tax list or 
exhibit a poll tax receipt. 

The power of the electors as enumerated in the ahove section 
may he considered briefly as follows: 

1. To choose a chairman. This must be done in order that the 
business of the meeting may be properly conducted. Failure to hold 
the annual meeting would not set aside the election of school direc 
tor and the voting of tax, if the polls are opened for these purposes 
as provided in Section 7&91 of the school law. 

2. To adjourn from time to time. The annual meeting may be 
adjourned to another date for good reasons, but the ejection of di- 
rector and the voting for or against tax could not be considered at 
an adjourned meeting. These matters must be settled at the meet- 
ing held on the third Saturday in May. 

3. To appoint a clerk. This is necessary in order that the re- 
quirements of Section 7G32 may be nlet; also that a permanent re- 
cord may be had of the proceedings of the meeting. 

4. To e'ect a director who can read and write. Certainly :•, 
reasonable requirement. In case there are to be elected two or more 
directors the ballot should show the length of time each is to serve. 

89 



DIGEST OF SCCHIOOLi liAWS 

5. To designate a site for a school house. Due notice should 
be given in the annual school meeting notice, if the election of a 
site is to be considered. See Section 7629 of the school law. Di- 
rectors have no authority to change the site of a schooinouse, un- 
less the electors in the annual school meeting vote that this t»e 
done, and select the new site. 

6. To determine the length of time the school shall be taugnt 
more than three months in the year. It is expected that a school 
be maintained in each school district for at least three months in 
the year, if there be funds in the treasury available for that pur- 
pose. The electors may vote to extend the term more than three 
months. In the absence of any negative action on the part of the 
eiectors, the directors would be authorized to extend the term be- 
yond three months, if the funds in the treasury to the credit of the 
district justify such extension. 

7. To determine what amount of money shall be raised to de- 
fray the expenses of the school. In order that the electors may vote 
intelligently on this question, it is very important that the directors 
submit the estimate required in Section 762i5 of the school law. 

8. To repeal and modify their proceedings. The acts of the 
electors at any school meeting may be repealed or modified at a 
subsequent meeting within certain limitations. This does not ap- 
ply to the invalidation of any contracts that may have been made, 
r.nless by consent of both parties to the same, a repeal or modifica- 
tion is effected. 

Directors may permit a school to be taught for a shorter term 
than three months, in the absence of an instruction to the contrary 
on the part of the electors, though this is of doubtful expediency. 

Besides these powers, the electors are authorized by Section 
7614 to direct the sale or exchange of the site or schooinouse; and 
by Section 7643. to direct the use of the schoolhouse with reference 
to private schools; and by Section 7626, to direct the proceedings in 
all actions and suits at law brought for or against the district, if 
they elect to do so. 

Directors have no power to build a schoolhouse with funds or 
the district unless authorized to do so at the May meeting, and a 
contract made for such purpose under authority conferred by a spe- 
cial meeting held in June is void. Fluty v. School District, 49 
Ark-., 94. 

Changing boundary of school districts. The people at an an- 
nual meeting have no power to change the boundary lines of their 
district, or to re-organize the district. The law places such matters 
in the hands of the county court. 

School furniture can only be furnished by a common school dis- 
trict from funds derived from a special tax for that purpose. Special 

90 



DttiGBST OF S-C5H1O0IL liA^S 

6chool districts may buy school furniture out of any funds to tJieir 
credit. 

Sec. 7591. Annual election — How held. — The an- 
nual district election shall be held by the school directors 
as judges who shall have power to appoint two clerks;, 
and if any of the directors should not attend, the assem- 
bled voters may choose judges in the place, of those not 
attending, and the judges and clerks shall take the oath 
prescribed by the general election law; provided, that it 
shall be lawful for the county court of any county at the 
April term thereof to enter an order adjudging that th*^ 
-general election law shall apply to any school election to 
be held in said county for said year, and thereupon it 
shall be the duty of the sheriff of said county to publish 
his proclamation of said election, and the county election 
commissioners shall appoint judges to hold said election 
in the respective school districts, and said election of di- 
irectors and the voting of said school tax shall be held 
subject to and conform to all the requirements of tha 
[general election laws of the state of Arkansas ; but this 
act shall not be construed to interfere with or in any way 
to diminish the rights and duties of the assembled elect- 
ors as to the matters to be passed upon in open meeting:. 
The expenses of the election herein provided for shall b& 
paid out of the general county fund as the expenses of 
general elections are now paid. 

The question as to who shall administer the prescribed oath is 
answered in Section 2cS07, Kirby's Digest, as follows: 

•"In case there shall be no person present at the opening of any 
election authorized to administer oaths, it shall be lawful for the 
judges of the election to administer the oaths to each other and ta 
tbe clerks; and such judges shall have full power and authority 
to administer all oaths that may be necessary in conducting any 
election." 

Unless the judges make return of the election or vote to the 

91 



DIGEST OF SCHOOL LAWS 

county court, it cannot levy the tax. Hodgkin v. Fry, 33 ArK.,71t>. 

Even if it could be held that by an order of the court the gen- 
eral election laws could be made applicable to school elections, it 
would be necessary in a suit to recover the penalty provided for a 
violation of iSection 1667, to allege the existence of such an order. 
Brown v. Haselman, 79 Ark.,215; 95 S. W. 136. 

Sec. 759 1-a. — Elections to be held luhen and for 
ichat purpose. 1. That on the third Saturday in May 
of each year after any special or single school district 
shall have been organized, according to the provisions of 
Act No. 321, of the General Assembly of the year 1909, 
approved May 31, 1909, and annually thereafter, an elec- 
tion shall be hfeld at a school house or other convenient 
place in said school district to be selected by the board of 
directors of said district and designated and advertised 
by them in their notice of the annual school election re- 
quired by this Act. Said election shall be for the pur- 
ipose of electing two directors who shall serve for three 
years or until their successors are elected and qualified. 
The ballot of the voter, in addition to the name of the 
persons voted for as directors, shall have written or 
^printed on it the words, 'Tor Tax" and ''Against Tax," 
and the rate, if any, the voter desires levied. {Acts 
1911, Act 169. Approved April 7, 1911.) (Amendatorij 
to Act 321, 1909, see Sees. 7695-a et seq.) 

Sec. 7591-?). — Notice to be given, and directors to 
preside. 2. When any special or single school district 
has been organized as provided by Act No. 321, of the 
General Assembly of 1909, the board of directors shall 
give notice of each annual election at least fifteen days 
previous to such election by posting notices in at least 
five public places in said district. The annual district 
'elecfion shall be held by three members of the board ox 
directors as judges and two members as clerks, to be 

• 92 



DIGEST OF SCHOOL LAWS 

selected for such purpose by the president of said board ; 
provided, if any of the directors, so selected to hold said 
election, shall fail to attend, the assembled voters may 
choose judges and the judges may choose clerks in the 
place of those not attending and the judges and clerks 
-sjiall take the oath prescribed for judges and clerks by 
the general election law. 

Sec. 759 1-c. — When polls to open and close. 3. The 
judges shall cause the polls to be opened at nine o'clock 
and closed at sunset. 

Sec. 7591-cZ. — Returns of election to he made to 
county clerk; Court to levy taxes. 4. The re.turns of 
said election shall be made to the county clerk, who shall 
declare the result of the votes for and against tax and 
certify the same to the county court on the first day of 
the term fixed by law for levying county taxes, and the 
rate of taxes so certified shall be levied by the court as 
other school taxes. 

Sec. 7591-e. — Judges of election to give those elect- 
ed director's certificates thereof. 5. The judges of said 
jschool election shall within five days thereafter give lo 
each of the two persons securing the highest vote for di- 
rector a certificate of election, and each of said persons 
•shall, within ten days after receiving said certificate, 
take the oath of office prescribed by law for directors, 
and file the same, together with his certificate of electior, 
'Vv^ith the county clerk of his county and enter at once 
upon the duties of his office. 

Sec. 7591-/. — Property of district under control of 
directors . 6. The title to all real estate and other prop- 



93 



DIGEST OF SOHDOOLi liAWS 

^rty for school purposes to any such special or single 
school district shall vest, and hereby is vested in said 
s'.-hool district, and shall be under the management and 
control of the board of school directors of said district 
as fully and completely as other school property belong- 
ing so said district. 

Sec. 7591-^. — Districts knoivn as Rural Special 
School Districts. 7. All school districts formed under 
'the provisions of Act No. 321, of the General Assembly 
(Of 1909, and governed by the provisions thereof and the 
provisions of this Act, shall be known and designated as 

Rural Special School District No , in the order of the 

formation thereof which said number shall be designated 
by the county court in its order for an election as pro- 
vided in said Act of 1909, looking to the formation of 
such district; provided, such districts as have heretofore 
been formed under said act shall retain and be known 
and designated by any name or number which such dis- 
trict may have assumed ; and by such name such district 
•may sue and be sued, contract and be contracted with ; 
purchase, acquire, hold and sell property, receive gifts, 
grants and bequests, and generally shall possess and en- 
joy all the corporate powers usually possessed by bodies 
corporate of like character. The style of the board of 
directors for such school districts shall be, ''Board of 
School Directors." 

Sec. 7591-/1.- Directors may horroiv monejj. — Ru- 
ral special school districts shall have the power to bor- 
row money for the purpose and in the manner provided 
in sections 7696, 7697 and 7698, of Kirby's Digest. In 
addition to such power the board of directors shall have 
the power to borrow money for building purposes if au- 

94 



DIGEST OF SCHOOiL L.A.WS 

-thorized by a vote of a majority of the electors of the 
district at any annual election. Such vote may be "For 
Building Fund," or ''Against Building Fund," and shall 
state the amount of the Building Fund Tax which the vo- 
ter desires levied. If a Building Fund is voted, the 
amount of such tax shall be determined by taking the 
largest amount or rate of taxation voted for by a major- 
ity of the voters, and if no rate shall have received such 
majority, then all the votes cast for the highest rate shall 
be couned for the next highest and so on till some rate 
•voted for shall receive a majority of all the votes cast. 
If a majority of the votes cast are "For Building Fund," 
it shall be equivalent to voting a building tax of the 
amount or rate as determined by this section for each suc- 
ceeding year until the money borrowed by the board of 
'directors, pursuant to such vote, together with all the 
interest thereon shall have been fully paid. When a 
iDuilding fund has been specially voted for, as provided 
in this section, the board of directors may borrow money, 
and mortgage the real property of the district as secur- 
ity therefor, under such conditions and regulations as to 
amount, time and manner of payment as the board of 
directors shall determine, and may, from time to time, 
renew or extend any evdence of indebtedness or mort- 
gage issued or executed hereunder. All moneys bor- 
rowed under this provision shall be placed in the county 
treasury to the credit of the building fund of the district, 
and the board of directors shall issue to the person, firm 
•or corporation advancing or lendng such money, a certi- 
ficate, signed by the president and secretary of said 
board, in the following form : 

This is to certify that at the annual election, held on 
the day of 19 , in Rural 



95 



DIGEST OF SCHOOL LAWS 

Special School District No , : 

County, Arkansas, a majority of the electors of said dis- 
trict cast their votes "For Building Fund,'' and fixed the 

amount or rate at mills; and that pursuant 

t the provisions of an Act approved on the .^..day of 

19 , the board of directors of said 

Rural Special School District have borrowed from 

the sum of $ , for. a period 

of years, which amount with inter&st at the 

rate of -per cent per annum from this date un- 
til paid, is to be paid from funds arising from a tax of 
mills to be levied annually upon the proper- 
ty in said district. 

Witness our hands as directors of said Rural Spe- 
cial School District, on this the. day of 

19 



The said certificate shall be executed in triplicate 
and signed by a majority of the board of directors. Otie 
copy shall be retained by the board, another shall be de- 
livered to the lender, and the third shall be filed by the 
board of directors with the clerk of the county court. Up- 
on the filing of said certificate, it shall be the duty of 
the county court to levy each succeeding year a building 
tax of the amount or rate voted for, -against the property 
in said district, until the amount thus borrowed, with the 
interest due thereon, has been fully paid. It shall be the 
duty of the county treasurer to pay the holder of said 

96 



DIGEST OF SCHOOL LiAWS 

certificate upon demand, any funds to the credit of the- 
building funds of said district, applying the same first. 
to the pajTnent of the interest due. 

Provided, that, whether the vote be "For Building 
Fund," or "Against Building Fund," this shall not pre- 
vent the electors from voting for a building tax, as now- 
provided by law. 

Provided, further, that the County Treasurer shaH' 
receive no commission on the building funds of rural 
special school districts handled by him. 

Sec. 7591-1. — Laws relating to districts in towns 
shall apply when not inconsistent. — All general laws of 
this State relating in any wise to special or single school 
districts in incorporated towns and cities and not incon- 
sistent with this Act nor Act 321 of the General Assem- 
bly of 1909, shall apply with the same force and effect 
to rural special or single school districts as mentioned in 
this Act, as to special or single school districts in incor- 
porated cities and towns. 

Sec. 7592. Ballot — Shall contain what. — The ballot 
of the voter shall, in addition to the names of the persons 
voted for as directors, have written or printed on it the 
words, "for tax," or "against tax," and also the amount 
ci tax the voter desires levied. 

Sec. 7593. Judges shall make return to county 
court. — When the polls are closed the judges shall pro- 
ceed to count the votes, ascertain the result and make re- 
turn thereof to the county court, showing he number of 
votes cast for each person voted for for school director^ 
also the number cast for and against tax, and the num- 

97 



DIGEST OF BOHOOiL LiAWIS 

-feer of votes cast for each amount or rate of tax voted for ; 
«uch return, together with the ballots, shall be sealed up 
and delivered by one of the judges to the county clerk 
within twenty days after the election, and it shall be the 
duty of the county clerk to make a record of these re- 
turns and present the same to the county court when it 
meets for the purpose of levying taxes. (As amended by 
Act of March 16, 1901.) 

The annual school meeting is held at two o'clock. It is pre- 
sumed that immediately after the regular business as prescribed 
in iSection 7590, Kirby's 'Digest, is transacted, the polls will be 
opened for the annual school election. The supreme court held, 
iu the case of Holland v. Davies, that the statute fixes no time for 
the closing of the polls, and that, "though the law has not been 
strictly complied with, where no obstruction or impediment to a 
fair expression of the will of the electors is shown" the election 
should be considered valid. 

A special school meeting can be called only for the election 
of a director. 

It was also held in the same case that the omission of the 
judges to state in the returns the number of votes cast for and 
against tax will not defeat a levy adopted by the annual school 
meeting. The court concludes as follows: "If the substantial re- 
quisites of the vote appear, informalities and mere Irregularities 
should be overlooked and disregarded." 

Sec. 7594. County court shall ascertain tax. — The 
county court, at its said meeting for levying taxes, shall 
take the record of the county clerk and ascertain wheth- 
er a majority of the votes cast be for tax; and if a tax 
has been voted, then the county court shall determine 
the amount of taxes voted by taking the largest amount 
or rate of taxation voted for by a majority of the voters, 
which shall be levied and collected by the district so vot- 
ing, and if no rate shall have received such majority, 
then all the votes cast for the highest rate shall be count- 
ed for the next highest, and so on, till some rate voted 
for shall receive a majority of all the votes cast. (As 
amended by Act of March 16, 1901.) 

98 



DIGEST OF SOHOOiL IjAWS 

Sec. 7595. Taxes. — Levied and collected. — All tax- 
es voted for school purposes by any school district shall 
be levied by the county court at the same time the county 
taxes are levied, and shall be collected in the same man- 
ner as the county taxes are collected, at the same time 
and by the same person, and be paid into the county 
treasury, there to be ke.pt subject to disbursement on the 
warrant of the school directors; provided, no tax for 
the purposes aforesaid greater than seven-tenths of one 
per cent. on the assessed value of the taxable property of 
the district shall be levied, which shall be done by ballot. 

The county court has no power to levy a -school tax indepen- 
dent of action on the part of the electors of each school district 
for which the tax is levied; it can only cause to be p aced on the 
tax books and collected such rates as are reported from the dis- 
tricts. An excessive levy vitiates the wtole tax. Worthen v. 
Badgett, 32 Ark., 496. See Ry. v. Parks, lb., 131; Rogers v. Kerr, 
42 Ark., 100. 

COUNTY UNIFORMITY OF TExT-BOOKS. 

Sec. 7596. Electors shall vote on question. — The 
electors of every common school district shall, when 
lawfully assembled in annual district school meeting on 
the third Saturday in May, with not less than five elec- 
tors present, have the power, in addition to the powers 
already provided by law, to vote on the question of 
county uniformity in text-books. 

A majority of all the electors voting at an electiDH in tlie com- 
mon districts, and not a majority voting on the quest'on, is neces- 
sary to adopt county uniformity. Only those elector? residin:? in 
common school districts are allowed lo vote on county uniformity. 

Sec. 7597. Ballot shall contain ivhat. — The ballot of 
the electors shall, in addition to the name of the persons 
voted for as directors, and the words ''for tax" or 
*'aganst tax," have written or printed on it "for county 
uniformity" or "against county uniformity." 

99 



DIGEST OF SCHOOL LAW'S 

Sec. 7598. County court shall ascertain vote, — The 
county court at its regular meeting for levying taxes 
shall open the returns and ascertain, in addition to its 
other duties as now provided, whether the majority of 
all the votes cast at that election in the county be "for 
county uniformity," and if such be the fact the county 
clerk shall within ten days thereafter so certify to the 
county examiner and to the state superintendent of pub- 
lic instruction. 

The design of the law makers was simply to designate the term 
of court at which the votes should be canvassed and to name the 
county court as the agency therefor. The legislature did not in- 
tend to confer upon the quorum court jurisdiction to determine 
whether county uniformity carried. Firestone v. White, 71 Ark.,. 
Ill; 71 S. W., 250. 

4 

Sec. 7599. County uniformity hoard — How ap- 
pointed. — In each county in which a majority of all the 
votes cast shall be "for county uniformity," the county 
examiner, together with two resident teachers of the 
county, holding first grade certificates, to be appointed 
by the state superintendent of public instruction within 
thirty days after receiving notice as in above section, 
and two citizens of the county interested in the public 
schools, to be appointed by the county judge within thir- 
ty days, shall constitute the county school book board, 
who shall take the oath of office prescribed by the con- 
stitution of the state, and who shall serve until their 
successors are appointed and qualified in like manner. 

Sec. 7600. County uniformity hoard — Duties. — 
The county examiner, who shall be chairman of the 
county school book board, shall call its members to meet 
together at the county seat in the courthouse on or be- 
fore the third Tuesday in November, for the purpose^ 
for which the board is constituted. The board, after ita^ 



100 



DIGEST OF SCHOO'L LtAW'S 

•organization, shall proceed to carefully examine and 
compare the school text books and their prices, whi'ch 
may be submitted for its consideration, and shall within 
■sixty days, by a majority vote of all its members, select 
and adopt a list or series of school text books on the fol- 
lowing subjects, to- wit: Writing, spelling, reading, 
.arithmetic, language lessons, English grammar, geo- 
graphy, history of Arkansas and of the United States, 
civil government of Arkansas and of the United States, 
physiology and hygiene and elementary algebra, for uni- 
form use in the common school districts of the county 
for a period of six years from and after their adoption. 
In making such adoptions, the county school book board 
shall give due consideration to the school text books 
which are used in the majority of the school districts of 
the county, and to the wishes and recommendations of 
the teachers and school patrons, as may be expressed to 
the board by petition or otherwise; provided, equally as 
good terms can be obtained for the regular supply of the 
'books already in general and satisfactory use in the 
schools of the county and for any exchange of books 
required, as can be obtained from publishers of other 
school books of equal merit and workmanship; and pro- 
iHded further, that no school books shall be adopted the 
price of which exceeds the price at which said books are 
furnished or sold to school patrons inany other state or 
territory. 

Act 315, May 31, 1909, requires adoption of text on elementary 
agriculture and horticulture. (See Section 7622d et seq.) 

Sec. 7601. County uniformity hoard — Compensd- 
tion. — The county school book board shall be in session 
not to exceed ten days in any one year and each member 
of the board shall receive two dollars ($2.00) per day for 
•^chf day he shall serve, to be paid out of the common 

101 



DIGEST OF SCHOO'L IjAWS 

school funds of the county. The chairman of the board i?. 
shall file with the county clerk a statement showing the 
number of days each member has served, and the county 
clerk shall issue his warrant on the county treasurer in 
favor of each member in accordance with such statement, . 
payable out of the common school funds of the county. 

Sec. 7602. Penalty for using other books. — The. 
county examiner shall keep a record of the proceedings - 
of the county school book board and the books adopted by 
it for uniform use in the schools of the county, with the - 
contract prices of the same, of which adopted list and . 
prices he shall give due notice to the teachers and school 
directors of the county by circular letters or otherwise. . 
The books so adopted shall be brought into exclusive use 
in all the, public schools of the county as soon and as rap- 
idly as practicable; and any teacher or school director 
permitting any other book or books than those adopted 
by the county board to be used in the schools under their ~ 
charge after one year from the date of their adoption, 
shall be subject to a fine of not less than fifteen dollars ^ 
($15.00), and any person selling any book so adopted to 
a school patron at a price greater than the contract price - 
tliereof, shall be subject to a fine, of not less than ten dol- - 
lars ($10.00) ; provided, that nothing in this act shall be 
so construed as to prohibit any board of school directors, 
superintendent or teacher, from using readers or other 
books for supplementary purposes, but no such supple^ 
mentary books shall take the place of any adopted book 
en the county list. 

Sec. 7603 Publisher shall deposit books and give 
bond. — Before any school book may be lawfully adopted 
by any county school book board in this state, its publish- 
er shall deposit in the office of the state superintendent- 

102 



DiaEST OF SCHOOL LAWS 

of public instruction a sample or standard copy thereof, 
with its regular or wholesale mailing price plainly writ- 
ten or stamped therein, together with a written proposi- 
tion to furnish such school books to any school or school 
board, or to their authorized agent at the lowest whole- 
sale or mailing price thereof. And any publisher making 
a proposition to the state superintendent for furnishing 
school books in this state, shall file with the auditor of 
state a duplicate copy of his or their proposition to the 
state superintendent, and shall enter into a bond to and 
with the state of Arkansas in the sum of twenty thous- 
and dollars ($20,000) for the faithful performance of 
his or their stated proposition. Said bond to be. made 
through some reputable guaranty company. 



Sec. 7604. * Publisher required to make contract. — 
That each coujj^chool book board, before adopting any 
text-books, jJ^^Ktqmre its publishers to deposit in the 
office of thl^^Kty examiner a sample or standard copy 
cf the same, and after its adoption, shall require said 
publisher to enter into contract with it, to furinsh said 
text-books : so adopted for the entire period of its adop- 
tion and use in the schools of the county at its lowest 
wholesale or mailing price as certified by the state super^ 
intendent; and shall require the publisher of each and 
every school book so adopted to guarantee and maintain 
tlie mechanical quality and execution of such book equal 
to the sample or standard copy there.of filed in the office 
of the county examiner, and no county school book board 
shall adopt any school book whose publisher shall not 
have complied as to said book with the provisions of thi^s 
act. 

Sec. 7605. Special district hoard may adopt. — The 
board of directors of special school districts in any coun- 

-103 



DIGEST OF SCHOOL DAWS 

ty which shall adopt a uniform series of books, as pro- 
vided in this act, shall have the option of adopting the 
county uniform series or a different series, in whole or in 
part, for use in its schools. 

Sec. 7606. -Counties voting ''against uniformity:' — 
In counties in which the vote is ''against uniformit}^" 
there shall be no change in the school books in use in the 
public schools therein for one year ; provided, the publish- 
ers of the books so in use shall furnish them upon the 
same terms as the same books are furnished in counties 
voting "for county uniformity," according to the provi- 
sions of this act. 

SCHOOL DIRECTORS. 

Sec. 7607. Directors — When elected Hoiv. — At the 
rfe^i^t^ annual school meeting, held on the third ^un^y in May, 
there shall be elected by the legal voters in each school, 
district a director, who shall hold office for the term of 
three years, and until his successor shall have been elect- 
ed and have qualified. Provided, at the first annual 
school meeting of the district after the passage of this 
act, three school directors shall be elected, to hold office 
one, two and three years respectively. Provided 
further, when a new school district shall have been 
formed under the provisions of this act, three directors 
shall be immediately elected by the electors of the new 
district, and shall hold their office for one, two and three 
years respectively, and until their successors are elected 
and qualified, as herein provided for. Act December 7. 
1875, Sec. 57, as amended hij Act March 11, 1881, Sec, 2, 
and Act January 30, 1889. 

Sec. 7608. Directors shall take oath and file certifi- 
cate. — The judges of any school election of this state for 

104 



r 



DIGEST OF SCHOOL LAWS 

school directors shall within five days after said election 
give to the said elected director a certificate of his elec- 
tion, who shall within ten days thereafter take the oath 
of office prescribed for directors, and file the same, to- 
gether with his certificate of election, with the county 
clerk of his county, and enter at once upon the duties of 
his office. Act Janiiav]] 30, 1889. 

Sec. 7609. Oath — Who shall administer. — An old 
director shall, upon an application of an incoming direct- 
or, administer to him the oath of office. Act March 11, 
1881, Sec. 5. 

Sec. 7610. Director fined for refusing to serve. — 
Any person who shall have been elected or appointed a 
director, and shall neglect or refuse to qualify and serve 
as such, shall forfeit to his district the sum of ten dollars, 
which may be recovered by action against him at the in- 
stance of any elector in the district, and which, w^hen 
collected, shall be paid into the county treasury by the of- 
ficer before whom the action was maintained, and added 
by the treasurer to the school fund revenues appropriat- 
ed to the district. 

Sec. 7611. Directors fined for neglect of duty. — 
Any director who shall neglect or fail to perform any du- 
ties of his office shall forfeit to his district the sum of 
twenty-five dollars to be recovered as directed in the pre- 
ceding section, and to add in like manner to the school 
fund revenues apportioned to his district. 

Sec. 7612. Vacancy in office — Hoiv filled. — If the 
•office of any director in a district becomes vacant, the 
electors of said district shall, in a district meeting as- 
sembled, wthin fifteen days after the occurrence of such 

105 



DIGEST OF SC'HOOIL LAWS 

vacancy, elect a director to serve the remainder of the 
unexpired term ; but if the district in which such vacan- 
cy occurs neglects or fails to elect a director to fill such 
\acancy, then the county court shall appoint from the 
electors of said district a director to serve the remainder 
of the term. 



From Section 7608 it is plain that the last day upon which the 
newly elected director may take the oath of office is fifteen days 
from the third Saturday in May. In case no director is elected, 
the electors will have the rigtht within fifteen days after the an- 
nual meeting to elect a director for a vacancy caused by a failure 
to elect at the proper time. iFor a vacancy caused by death, re- 
signation, or otherwise, the electors have fifteen days from the 
date of such, death, resignation or other occurrence which caused 
the vacancy, to fill the same. 

A bona fide removal of a school director from a district an- 
nuls his right to serve as such. (His subsequent return to the dis- 
trict does not revive this right. A vacancy has been created, which 
should be filled by a special election, or by appointment, in case 
the special election is not held within the time prescribed by law. 

W!here the offices of two school directors, the term of one of 
whom would expire in two years, and that of the other in three 
years, become vacant, and the electors fail to fill the vacancies 
within fifteen days, the county court may appoint from the elect- 
ors persons to fill the vacancies. And if the appointment be made 
without designating which of the two appointees shall serve two, 
and which sOiall serve three years, and the electors at the next an- 
nual school meeting, agree that one of such appointees should 
serve the long term, and elected a successor for the other, the- 
former continued to hold office because no successor was elected 
to succeed him. Click v. Sample, 73 Ark., 197, 83 S. W. 9'32. 

Sec. 7613. Duties in general^Shall establish 
schools. — The said board shall make provisions for estab- 
lishing separate schools for white and colored children 
and youth, and shall adopt such other measures as they^ 
T^^y judge expedient for carrying the free school system 
into effectual and uniform operation throughout the. 
state, and providing, as nearly as possible, for the educa- 
tion of every youth. 



106 



DIGEST OF SCHOOIL LAWS 

iln the case of Maddox et al. v. Neal et al., 45 Ark., 121, the su- 
preme court of this state says: "A wide range of discretion is 
vested in these hoards by the statute in the matter of government 
and details of conducting of the common schools, but in the nature 
of things there is a limit to this discretion. Some positive and im- 
perative duties are imposed upon them about which they have no 
discretion. The first and most important, duty of the board is to 
make provisions for establishing schools. ;jf^When the funds are pro- 
vided, and the directors are not otherwise instructed by the school 
meeting of the district, the duty to provide a school for at least 
three months is mandatory, and the duty to establish separate 
schools for the whites and blacks is also incumbent on them. All 
the provisions of the law in relation to schools, in conformity to 
the constitutional mandate, are general, and the system, so far as 
the statute can make it, is unifgrm. No duty is imposed upon or 
discretion given the directors about schools for one race that is 
not applicable to the other. It is the clear intention of the consti- 
tution and statutes alike o place the means of education within 
the reach of every youth. Education at the public expense has be- 
come a legal right extended by the laws to all the people alike. 
No discrimination on account of nationality, caste or other dis- 
tinction has been attempted by the law-making powers.. The 
boards of directors are only the agents, trustees appointed to car- 
ry out the system provided for. Their powers are no greater than 
tie authority conferred by legislation. They can do nothing they 
are not expressly authorized to do. or which does not grow out of 
their express'ed powers. * * * The opportunity of instruction 
in public schools, given by the statute to all the youths of the 
state, is in obedience, as we have seen, to special command of the 
constitution, and it is obvious that a board of directors can have 
no discretionary pwer to single out part of the children by the ar- 
bitrary standard of color, and deprive them of the benefits of the 
school privilege. To hold otherwise would be to set the discre- 
tion of the directors above all law." ) 

A director living in an old district, should his property be in- 
cluded in a new district form from a portion of the old, ceases 
to be a director. 

The duty of establishing separate schools for races is manda- 
tory. If there are eleven or more black children, or eleven or more 
white children, they must have a school. Ten black children or a 
less number, or ten white children or less should be transferred 
to an adjoining district under the provisions of the act approved 
April 3, 1891. 

The directors have power to require each pupil to pursue cer- 
tain studies, and for violation of such rule, adequate punishment 
may be administered. In the common school districts of this state 
only the common school branches may be required; in special 
school districts the board has power to decide that additional stu- 
dies shall be taught. 

107 



DIGEST OF SCHOOL liAWB 

While a school director cannot make a binding contract with 
the district to pay him an agreed sum for his services outside his 
official duties, still, if tlie district accepts the benefit of his 
servces, it will be liable to make just compensation therefor. 
Smith V. Dandridge, 98 Ark., 38. 

Sec. 7614. Directors as custodians. — The directors 
shall have charge of the school affairs and of the school 
educational interests of their district, and shall have the 
care and custody of the school houses and grounds, the 
books, records, papers, and other property belonging to 
the district, and shall carefully preserve the same, pre- 
venting waste and damage ; and shall purchase or lease 
in the corporate name of the district, such schoolhouse 
site as may be designated by a majority of the legal vot- 
ers at the district meeting ; shall hire, purchase or build 
a schoolhouse with funds provided by the district for 
that purpose; and may sell or exchange such site or 
schoolhouse, when so directed by a majority of the elect- 
ors of any legal meeting of the district. 

In general, school property is to be used for the purpose of 
education. It appears that the legislature has not inhibited the 
directors from permitting the schoolhouse to be used temporarily 
and occasionally for other purposes. 

School directors have the care and custody of schoolhouses 
and grounds belon^ging to the district. It is their duty carefully to 
preserve the same, preventing waste and damage. They have the 
power to allow the house to be used for other than school purpos- 
es, unless otherwise directed by a majority of the electors of the 
district in a legal meeting assembled. The electors of school dis- 
tricts in legal meeting have the power to direct that the (house be 
used for other than school purposes, provided it be a legal purpose. 

The school law makes it the duty of the board of directors to 
fix a time of beginning a school term. The law gives the people' the 
right at the annual school meeting to say how long the school. shaU 
continue more than three months in the year. 

iSection 7G14 vests the power of directing the sale or exchan,^e 
of the site or the schoolhouse in the electors alone, and Section 
7643 authorizes the directors to permit the use of tihe schoolhouse 
by a private school unless otherwise directed by a majority of the 

108 



DIGEST OF SCHOOL Ll^WiS 

legal voters of the district. This enlargement of the power of the-, 
electors, as set out in Sections 7614 and 7590, as to directing the 
■sale or exchange of the site or schoolhouse, must 'be considered m 
construing these sections; and the exercise of tJhe enlarged power 
must be coji trolled by the provisions of Section 7590; that is, the 
electors may act upon these questions at the annual meeting or 
an arjournment thereof. 

The common school fund apportioned by the state cannot be 
used for building purposes. The law says that no schoolhouse- 
shall be built except by money provided by the district for that 
purpose. TShis has been construed literally that the money must 
be provided "by the district" and "for that purpose." 

Directors have no power to build a schoolhouse with funds of 
the district unless authorized to do so at the annual school meet- 
ing, and a contract made for such purpose under authority con- 
ferred by a special meeting held in June, is void. Fluty v. School 
District, 49 Ark., 94. 

If proper notice of such action has been given in the nx)tice& 
of the annual school meeting, that meeting may select the site for 
schoolhouse, order the board of directors to purchase or lease such 
site, and vote money for building a house thereon, without refer- 
ence to the number of children in the district or the number of 
Bchoolhouses already therein. This is a matter entirely within the 
discretion of the annual school meeting, and it may be considered 
thereat, or at an adjourned session thereof, but no special called 
m-eeting of electors can pass upon any of these questions. 

It is evident that the respective powers and rights of directors 
and electors are not clear. The general principle is that the whole 
matter is left to the sound discretion of tihe directors, subject to 
a controlling direction on the part of he elecors. 

S53. 7615. They shall hire for and in the name of 
the district only such teachers as have been licensed ac- 
cording to law, and employ no person to teach in any 
common school of their district unless such person shall 
hold, at the time of commencing his school, a certificate- 
and license to teach, granted by the county examiner or 
state superintendent; and they shall make with such 
teacher a written contract in triplicate form, specifying 
the time for which the teacher is to be employed, the 
wages to be paid per month, and any other agreement 
entered into by the contracting parties, and shall furnish 
the teachers with a duplicate of contract, keep the origi- 

109 



DIGEST OF SCHOOL LAWS 

nal and immediately file an exact copy of such contract 
in the office of the county treasurer of the county in 
which the contract is to be enforced; and the county 
treasurer shall not pay the wrarants of any school dis- 
trict until a copy of all such contracts have been filed 
with him. 

REPEALING Clause. 

That all laws and parts of laws in conflict with this 
Act are hereby repealed and this Act to take effect and 
be in full force from and after its passage. Acts 1911, 
Act. 206, Apvroved April 24, 1911. 

The law auhorizes none but a written contract, and parole ev- 
idence is not admissible to change or contradict it; nor to show 
that a contract in writing was entered into between the parties. 
Griggs V. (School District No. 70, 87 Ark. 96, 112 S. W., 215. 

iParol evidence of the terms of the contract Is admissible to 
show that a contract, valid under the statute, has been made by 
and between the parties. (School District No. €8 v. Allen, 83 Ark. 
494, 104 S. W., 172. 

The right to select a teacher, fix his salary, and the time for 
the opening of the school are matters which belong exclusively to 
the directors. The electors have no right to direct upon any ques- 
tion connected with the teaching of the school, save the single one 
of extending the term of the school. 

If there wi]l be sufficient fundus in the treasury during the 
year for which the contract is made to maintain a school, then the 
directors are allowed to enter into a contract for the same; other- 
wise they are not. 

Directors cannot make a legal contract with a teacher who has 
no license. This negatives the right to contract with a principal 
teacher who is licensed for an amount of money to be paid him, 
out of which he is to pay the salaries of unlicensed assistants. 

Directors make regulations governing the school, but are ad- 
vised to consult the teachers. 

The acts of school directors are corporate acts. To bind the 
district it is necessary for them to act at a regular meeting, or a 
called meeting, of which notice was given to each director. At 
such meetings the act of a majority of t!he board is the act of the 
•whole board, 

110 



DIGEST OF SOHOOiL liAWlS 

There is nothing in the school law prohibiting directors from 
having a school for less than three months, unless the electors at 
the annual school meeting so dcide. 

Notice of a called meeting of a board of school directors must 
be given in writing to each member of sucli board, and must state 
the time, place and purpose of the meeting. When two directors 
meet at a called meeting from which the third director is absent 
without having received legal notice of the meeting, the direcotrs 
present have no authority to bind the district by employing a 
eacher. Burns v. Thompson, €4 Ark., 489. 

A board of school directors empowered by statute without any 
limitation to employ a superintendent of schools may make a con- 
tract for a superintendent for a term beginning after some mem- 
bers of the board go out of office. Gates v. School District of Fort 
Smith, 53 Ark., 468. 

This decision applies to all teachers employed in the school as 
well as to the superintendent. 

The schoal district being a body corporate, may sue and be 
sued in any court of the state having competent jurisdiction. Or- 
dinarily, school directors are not liable in official contracts, nor are 
they individually liable for the debts of the district when contracted 
pursuant to law. However, they may by fraud or neglect of duty 
*be subject to a common law liability. 

Directors are charged with the educationial affairs of their dis, 
tricts, and are clothed with considerable authority and discretion. 
They should see that the schools are not too much crowded. They 
have the power to fix the school limits, and to assign scholars to 
particular schools. In doing so, they should exercise sound discre- 
tion and serve the best interests of all concerne-d. 

The contracts made by a board of directors are good, though 
it should turn out that the directors are disqualified to hold officf^. 
They are de facto oifficers. 

Sec. 7616. They may not employ relative except 
by petition. — Hereafter all school directors and men">- 
bers of the boards of trustees of public and agricultural 
schools are hereby prohibited from employing any person 
as teacher in said schools related to them by consanguini- 
ty or affinity within the fourth degree; unless two-thirds 
of the patrons of said schools shall petition them to 'lo 
so. Any director or directors or member or members of 
the board of trustees of said public or agricultunil 



111 



DIGEST OF SCHOOL LAWS 

schools violating this section shall upon conviction be^ 
fined in any sum not less than ten dollars nor more than 
fifty dollars and in addition thereto shall be suspended 
from office. (Act 206, Approved March 24, 1913.) 

This act means two-thirds of the patrons residing in a school 
district and not those in the vicinity of a certain school. The word 
"school" here applies to the entire school district. The word 
"patron" applies to those who are electors, who pay taxes, or who 
send children to school, and includes widows who have children of 
school age and widows or spinsters who pay taxes. 

A teacher must have a petition signed by two-thirds of all the 
patrons in the whole district at the time he may he employed by a 
board, any member of which is related to him, it will not be suffi- 
cient to secure petition after contract is made. 

Third cousins are related within fourth degree of con-sanguin- 
Ity. In theaibsence of a petition signed by a majority of the pa^trons 
of the school requesting the employment of a relative of the di- 
rectors, they will be enjoined from ente<nng into a contract with 
a person who is thus related to either of the directors. Holt v.- 
Watson, 71 Ark. 90, 71 S. W. 262. 

Sec. 7617. Money necessary to employ teacher, — 
It shall be unlawful for any directer or board of di- 
lectors in any school district in this state to employ a 
teacher to teach a school in any district in this state un- 
less said district has money to its credit in the treasury 
of the county in v^hich said district is located, to pay 
said teacher for such work; provided, that if the amount 
of taxes to be. paid in by the collector of any county shall 
be sufficient to have a school taught in any district in 
\.'hich such taxes are to be paid, then the directors shall 
have the power to employ teachers to teach a school in 
such district; provided further, that a majority of the 
patrons of any school district in this state shall at all 
times have the right to petition said board of directors to 
employ a teacher and cause a school to be taught in any 
district whenever they so desire ; provided further, that 
said directors do not pay more for services of said teach- 

. 112 



DIGEST OF SCHOOL UA.W1S 

er than would be necessary to pay said teacher for said 
service, if said money were in treasury. That any 
board of directors violating this law shall be fined in any 
sum not less than ten nor more than one hundred dol- 
lars. 

In |Case there is money in tlie treasury to the credit of the disr- 
trict, sufficient to maitain a school, and available for that purpose, 
or a tax voted which, when collected, will be sufficient to defray the 
expenses of the school, and the directors make no provision for 
having one taught, the right of petition for a school is given to the 
ratroms of the district by the above act. 

Sec. 7618. The term "month'' defined. — The term 
"month" however it occurs in any section of this act, 
shall be. construed to mean twenty days, or four weeks 
of five days each. {Act December 7, 1875, Sees. 58-62.} 

Sec. 7619. They may insure school buildings.- — 
The officers of special and common school districts are 
authorized and empowered to insure school buildings of 
their respective districts and to use sufficient funds of 
their districts to do so. {Act. March 3, 1903.) 

Sec. 7620. Directors may buy apparatus. — The di- 
rectors of school districts, other than special school dis- 
tricts, may expend annually, out of the common school 
fimd, not more than twenty-five dolars during any one 
year for any school under their control for maps, charts, 
globes, dictionaries and other apparatus necessary to the 
progress of the school; provided, said maps, charts, 
globes, dictionaries and other apparatus meets the ap- 
proval of the state superintendent in price and merit; 
provided further, that said expenditure be authorized by 
a majority of the qualified electors of any school district 
making said purchases at the annual school election pre.- 

113 



DIGEST OF SOHOOL liA-WlS 

Vious to said expenditure. (As amended by Act of Fehru- 
ary 22, 1899. See comments under Sec. 7625.) 

Sec. 7621. Directors may choose books. — The di- 
l-ectors of each school district in this state shall adopt 
and cause to be used in the public schools of their re- 
spective districts one series of text books in each branch 
t)i science taught in the public schools of their respect- 
ive districts, and no changes in these books shall be made 
for a period of three years, unless it be by a petition of 
a majority of the voters of the district desiring the 
change. (Act March 11,1881, Sec. 2.) 

This section is virtually repealed by the county uniformity law. 

Sec. 7622. Directors to see that physiology and hy- 
giene are taught. — Physiology and hygiene, which must 
in each division of the subject thereof, include special 
reference of the effect of alcoholic drinks, stimulants 
and narcotics upon the human system, shall be included 
in the branches of study now and hereafter required 
to be regularly taught and studied by all the pupils in the 
common schools of this state, and it shall be the duty of 
the board of directors and county examiners to see to 
the observance of this statute and make provisions 
therefor. ( let March 10, 1899, Sec. 1.) 

Sec. 7 Q22-a.— Robert E. Lee Day.— That the nine- 
teenth of January, the birthday of Robert E. Lee, shall 
be observed in all the public schools of this state as a day 
for patriotic exercises and the study of the history and 
achievements of Arkansas men. (Acts 1905, Act 35, 
Approved Feb. 14, 1905.) 

Sec. 7622-6. — Superintendent to prepare program 
for exercises.— The state superintendent of public in- 
ststruction is hereby authorized to prepare and publish 

114 



DIGEST 0¥ SOHOOiL liAWiS 

^annually for use in all public schools of the state, a pro- 
gram of exercises dealing with events in the life of Gen- 
eral Lee and other distinguished men, giving attention 
also to the achievements and work of eminent men who 
have served this state in civil and military life. {4-cts 
1905, Act 35, Approved February 14, 1905.) 

Sec. 7622-c. — Heads of schools to aid in work. 
S.' It shall be the duty of county examiners, city super- 
intendents and principals of schools to aid in carrying 
on this work, and they shall arrange the exercises of 
their various schools in accordance with the provisions 
of this act. This act shall be in full force and effect 
from and after its passage. 

Sec. 7622-d. — Elementary Agriculture to be taught, 
1. That school directors of the various school districts 
of the State of Arkansas are hereby directed and rt--»- 
quired to require all persons teaching in the public 
schools of this state to teach elementary agriculture and 
horticulture in their schools. (Acts 1911, Act 315. Ap- 
proved J\I ay 31, 1911.) 

Sec. 7622-e. — To adopt some text on subject.. 2. 
That all authorities empowered by statute to adopt text 
books for use in their public schools of this state are 
hereby directed and required to select and adopt some 
suitable elementary text book on the subject of agri- 
culture and horticulture to be used in the public schools 
of their respective counties or districts. 

Sec. 7622-/. — Duty of county examiner. 3. That 
it shall be made the duty of the county examiner of each 
and every ,county in the state to see that every public 
school district in the various counties of this state have 



115 



DIG-EST OF SCHIOOU IjAmS 

in their posession the text book on elementary agricul- 
ture and horticulture adopted for use in their respective 
C'-unties or districts. 

Sec. 7622-g. — To see that act is enforced. 4. That 
it shall be the duty of each and every county examiner 
to see that the provisions of this act be enforced. 

Sec. 7622-/1. — Penalty for failure to enforce act, 
5. That any county examiner, school director or othe^ 
officer having authority to enforce the provisions of this 
act, shall neglect or refuse to enforce the same, shall for- 
feit to the district so neglected or refused, the sum of 
twenty-five dollars, said sum to be added to the school 
fund of said district, which may be recovered by action 
brought against him at the instance of any elector in 
said neglected or refused district. 

Repealing Clause: All laws and parts of laws in 
conflict herewith be and they are hereby repealed. That 
this law take effect ten months after its passage. 

Sec. 7623. They shall furnish register. — They shall 
procure from the county examiner, and furnish the 
teacher at the commencement of the term, a register for 
his school, and require the said teacher to report, in said 
register, at the close of the school term, the number of 
days of the said term, the name and age of each pupil, 
the date on which each entered the school, the separate 
days on which each attended, the whole number of days 
each attended, the studies each pursued, the total num- 
ber of days all pupils attended, the average daily at- 
tendance and the number of visits received from the 
directors during the said term. {Act December 7, 1875, 
Sec. 63. 



116 



DIGEST OF SOHOO'L. liAWlS 

The keeping of this register according to al' its requirements,^ 
-perfected and complete, is compulsory upon the teacher, and he can 
rot draw his last month's wages until this duty is performed. See 
Sec. 7656. 

Sec. gfbd. . They must visit .schools. — They shall 
visit the schools at least once each term, and encourage 
the pupils in their studies, and give such advice to the 
teacher as may be for the benefit of teacher and pupils. 

Sec. 7625. Annual report to electors — Contains 
what. — They shall submit to the district, at the annual 
meeting, an estimate of the expenses of the district for 
that year, including the expenses of a school for the 
term of three months for the next year, after deducting 
the probable amount of school moneys to be apportion- 
ed to the district for that school year, and shall also 
submit an estimate of the expenses per month of con- 
tinuing the school beyond the term of three months, and 
of whatever else may be necessary for the comfort and 
advancement of the said school. 

As a guide to the electors in voting the tax in the annual 
school meeting the directors are required to submit to them a-t that 
rueeting an es'timiate oif the amount of revenue necessary to meet 
expenses of the district for the year to follow. 

A tax voted for a specific purpose can be used for no other; 
thus a tax voted for buiMing purposes or for teachers' salaries must 
be applied to the purpose mentioned. 

If there be a fund left over at the end of the fiscal year, the 
electors may at any annual meeting divert this balance from its 
original purpose and appropriate it to some other. 

If the tax is voted for general purposes, without any direction 
on the part of the electors as to its expenditure, the directors would 
be authorized to use the same for the actual expenses necessary to 
the maintenance of the sehool, except that no part of the same 
cculd be used for building purposes. 

Incidental expenses, such as fuel, stoves, blackboards, crayon, 
etc., are necessary expenses and directors are authorized to draw 
warrants on the common school fund to meet such expenses, if no 

117 



DIGEST OF SCHOOL LiAWS 

provision is made for them in the estimate submitted by the di- 
rectors in the annual meetin. 

If any part of the common school fund is to he spent in tli«- 
purchase of maps, .globes, charts, etc., the estimate should so state, 
and directors are limited to the amount therein mentioned. 

The electors may by vote authorize the directors to expend not 
exceeding twenty^five dollars out of the common school fund in the- 
"purchase of supplies mentioned above. 

A failure of the directors to submit the estimate of school ex» 
penses as required in Section 7625 of the school law is a finable of- 
fense. See Section 7611 of the school law. 

Sec. 7626. They shall appear for district, — They 
shall, in all suits and actions at law brought ly or against 
th^ ir district, appear for and in behalf of said district* 
protnded, they shall have no other directions or instruc* 
tions by a lawful meeting of the electors of their districts 

The law makes it obligatory on directors to appear in behalf ofr 
the district in all suits brought by or against the district. This car- 
ries with it the right to employ a lawyetr and to pay him out of the- 
school funds, unless they have other instructions from the lawful^ 
meeting of the electors of the district. The county treasurer cannot 
refuse to pay a warrant properly drawn and signed by two directors 
for such a purpose. 

Sec. 7627. They shall draw warrants. — They shall 
draw orders on the treasurer of the county for the pay- 
ment of wages due teachers, or for any lawful purpose^ 
and they shall state in every such order the services or 
consideration for which the order is drawn, and the 
name of the person rendering such service; but they 
shall not draw any order on the county treasurer for the 
payment of the wages of any teacher not licensed. 

When the county treasurer is notified by the county examiner 
that a certain person has no license to teach in that county, it is 
the duty of the treasurer, when that person presents a warrant 
drawn on the funds of some School District in the county, to ascer- 
tain whether such party has a license to teach, and if not to refus« 
payment. Arnold v. State, 71 Ark. 372, 74 S. W. 513. 

'118 



MGEST OF SCHOOL LiKWB 

Sec. 7628. Treasurer shall pay warrants, — When 
±ne warrant of any board of directors, properly drawn, 
is presented to the treasurer of the proper county, he 
shall pay the same out of any funds in his hands for that 
purpose belonging to the district specified in said war- 
rant. 



Every teacher, whether as principal or assistant, must he elect, 
ed hy the board of directors; every such person must have a license 
from the county examiner or state superintendent, and every euch 
person must have a written contract. County treasurers are war* 
ranted to demand the contract of every teacher or assistant who 
presents a warrant for the payment of wages from the public school 
funds. If the warrant shows that its holder is principal, and that 
the amount specified on its face is for the payment of the wages of 
assistants, or if it is proven to the treasurer that such is the ca8e» 
he should refuse to pay the same as a violation of Section 7615. The 
tieasurer may also refuse to pay the warrant of any teacher who 
has not been licensed. The words, "properly drawn," in this section 
Irefer back to the inhibitions of Section 7615 and of Section 7617, 
and the treasurer should exercise great care in the matter of paying 
these doubtful warrants. 

School warrants may be issued by two directors. Crain v. State, 
45 Ark., 450. 

A warrant which has been merged into a judgment is not such 
a warrant as the treasurer is authorized to pay in satisfaction of 
the judgment. The warrant must specify for what the money Is 
/being paid. Ferrell v. Laughinghouse, 87 Ark. 381, 112 S. W. 894. 

Treasurers are required to pay all warrants properly drawn, If 
there is money in the treasury to the credit of the district, belong- 
iug to the fund on which the warrant is drawn. If the tax was 
voted for general purposes, the treasurer would be authorized to 
pay all warrants drawn on a fund so voted, for teachers' sa.'arles 
and other necessary expenses. Each warrant should specify for 
what service or consideration it was drawn. 

Sec. 7629. They shall give notices of meeting. — 
The directors shall give notice of each annual meetinj*, 
by posting notices thereof, at least fifteen days previous 
to such meeting, in three or more conspicuous places 
within the district; but it shall not be lawful for a dij- 
trict, at any annual meeting, to fix a site for a schooi- 
house, or to raise money for building or purchasing a 

119 



DIGEST OF SOHOOL DAWIS 

schoolhouse, unless the directors shall have particularly 
set forth in the previous notice given of such meeting 
that these matters were to be submitted for their con- 
sideration and action. 

It is the duty of the directors to designate the place of the an- 
nual meeting, and notice of the time and place is essential to the 
validity of a tax voted at such meeting. But the statute designates 
the time, and all are bound to take notice of it. If notice of the 
P'ace be given, the meeting will be legal, though the time be not 
Bpecified in the notice. Hodgkin v. Fry, 33 Ark., 716. A notice giv- 
en by two of the directors is sufficient. Holland v. Davies, 36 Ark., 
446; Davies v. Holland, 43 Ark., 425. 

Where a meeting of a school district is held for a special pur« 
pose, all that is necessary in the form of the notice is that it should 
be ;so expressed that the inhabitants of the district may fairly un- 
derstand the purpose for which they are convened. 

Sec. 7630. Clerk shall keep records and make re- 
port. — ^One of the. directors shall act as clerk at all dis- 
trict meetings, shall keep a record of the proceedings 
thereof in a book provided for that purpose, or, if absent, 
shall transcribe into said book the minutes kept by the 
clerk pro tempore, and signed by the chairman, as so 
much of the authenticated records of the district; and 
he shall enter on the said book copies of all his reports 
to the county clerk and the county examiner. 

At the first meeting of the board after the annual election, 
there should be a regular organization of the board by the election 
of a president and a secretary to serve for one year. This is abso- 
lutely necessary, in order that the work of the board may be trans- 
acted in a business like manner, and a correct and permanent 
record of its proceedings be kept. 

There is no authority for the directors of a common school 
district to employ one of their number as clerk and pay him a 
salary for the (Services thus rendered, Clark v. School District No. 
IG, 84 Ark, 519, 106 S. W, 677. 

Sec. 7631 Clerk's report.—Shall contain what.-^ 

He shall keep, in a book provided for that purpose, the 

120 



DIGEST OF SCHOOL. DAWS 

accounts of the. district, by debits and credits, including 
the accounts with the county treasurer, and shall present 
the same to each annual meeting, showing the current ex- 
penses for the year, for schoolhouses, outbuildings, 
fences with which to inclose a schoolhouse site, for 
stoves, wood, maps, charts, blackboards, a dictionary, 
and other necessaries for a school, and stating the num- 
ber of days the directors have, been necessarily employed 
in the performance of their duties as directors; the date 
of each order drawn by them on the county treasurer, 
and for what services or consideration, for wh^t 
amounts and in whose favor, exhibiting vouchers there- 
for; a statement of the indebtedness of the district, and 
also of the surplus moneys, if any, in the county treas- 
ury belonging to the district at the commencement of 
the year; the amount of taxes levied on the district for 
school purposes within the year; the different purposes 
for which said taxes were levied, and the amount levied 
for each purpose. If, on examination, the report be 
found correct the chairman of the meeting shall approve 
the same, and order that it be. filed with the records of 
the district. 

The directors of a common school district have the power to 
make contracts for the purchase of those articles which are clearly 
necessary to be provided in order that a school may be carried on 
and taught, and this includes the purchase of desks when necessary 
for that purpose. A. H. Andrews & Co. v. Delight Special School 
District, 95 Ark. 26, 128 S. W. 363. 

Sec. 7632. Directors shall report to county clerk. — 
The directors shall, within ten days after any school 
meeting, report to the clerk of the county so much of 
the proceedings of said meeting as pertains to the elec- 
tion of officers ; and they shall, on or before the first day 
of October in each year, furnish to the clerk so much of 
the copy of their record, attested by the chairman of the 

'121 



mOiEST OF SiCHOOIj UA^WlS 

meeting, as shows the amount of money voted to be 
raised by the district for school purposes at the annual 
meeting. 

Sec. 7633. Annual report to examiner — Contains 
what, — The directors shall, annually, between the first 
and twentieth days of July, transmit, verified by their 
affidavit to the county examiner, a written report, in 
proper form, of the name of their county ; of the number 
of their district; the names and ages of all persons be- 
tween the ages of six and twenty-one years, residing in 
their district on the first day of July; the number of 
males and females respectively of each color that attend- 
ed the common schools during the last school year; the 
average number of each sex that attended daily; the 
number that pursued each of the studies designated to 
be taught in the common schools of this state ; the num- 
ber of times the school was visited each term by the 
directors; the number of days the school was taught 
during the year by a licensed teacher ; the name of eac 'i 
teacher; the grade of his certificate; the wages paid 
each teacher per month ; and the whole amount of wages 
paid teachers during the year. They shall include in 
their report the amount of taxes voted by the district 
during the last school year, for what purpose voted, and 
the amount voted for each purpose; the amount drawn 
from the county treasury for each purpose for Which 
money was raised by district tax the previous year; the 
amount of revenues received from the common school 
fund, and the amount received from each of the various 
other sources from which school revenues are derived; 
the amount of each kind of revenue remaining in the 
county treasury and subject to the order of the district;' 
the number of schoolhouses erected during the year, and 
the cost and material of each; the number, the material,- 

122 



DIGEST OF eCHOOL. LAWS 

the condition and the value of those before erected, and 
the value of all other property belonging to the district; 
the condition of the schoolhouse grounds and wheth(*r 
the said grounds are enclosed ; also name, age and post- 
office of deaf, dumb, blind and insane in each districi, 
including all who are blind or deaf to such an extent as 
not to be educated in common schools; and they shall 
record the said report in the proper place in the district 
book in which the current record of the proceedings of 
the district is kept. {As amended by Act of April 23, 
1901.) 

Sec. 7634. Penalty for false oath. — The annual 
and enumeration reports of the directors of the vario:is 
school districts of the state of Arkansas shall be good 
under their official oaths, when signed by them officially ; 
provided, that any director or school officer who certifies 
falsely to any such report shall be guilty of a misdemeai- 
or, and fined in any sum not less than five dollars ($5.00) 
lior more than twenty-five dollars ($25.00.) 

Sec. 7635. They are liable for neglect of duty. — 
If the directors of any district fail or neglect to make 
a report of the enumeration, statistics and finances of 
their district at the time and in the manner prescribed 
in the preceding section, the said directors, in addition 
t-o their forfeiture for neglect of duty, shall severally be 
liable for any damages, including the costs of the suit, 
that the district may sustain by reason of losing the 
school revenues that would otherwise have been appro- 
priated to them. 

Sec. 7636. They shall settle loith county treasurer. 
— They shall, at the close of the school year, settle with 
the county treasurer, and ascertain what moneys, if any. 



123 



DIGEST OF SCHOOL LiAWS 

to which their district may be entitled, and the amounts 
severally thereof that are in the county treasury and 
subject to be drawn by their district. 

Sec. 7637. They may suspe7id pupil. — The direct- 
ors of any school district may, at the instance of the 
teacher, suspend from the school any pupil for gross im- 
morality, refractory conduct or insubordination, or for 
infectious disease. Provided, such suspension shall not 
extend beyond the ^current term. 

• Wholesome discipline is absolutely necessary to the success ot 
lany sdhool. Any conduct on the part of a pupil that tends to 
demoralize other pupils and to interfere with the proper and suc- 
cesful management of the ischool, that is, to impair the discipline 
which the teacher and the board shall consider necessary for the 
best interests of the school may subject the offending one to the 
punishment prescribed by this statute. Being drunk and disorderly 
in violation of a town ordinance is sufficient cause for the infliction 
of the punishment. Douglas v. Campbell, 89 Ark. 258, 116 S. W. 
211. 

Bona fide residence in a school district ■entitles one to school 
privileges for his children or wards. The fact that the children 
were not included in the enumeration for the year does not deprive 
them of this privilege. However, parents are not entitled to school 
privileges in two or more districts in the same year, when a re- 
moval is made solely for this purpose. 

The power of suspension rests with the school board, though in 
extreme cases, the teacher would be justified in dismissing a pupil 
from the school, pending the action of the board, provided the at- 
tention of the board is at once called to the matter. 

In cases where suspension of a pupil may be deemed necessary 
by the board, care should be exercised that neither prejudice nor 
inalice actuate the board in its conduct. The important question 
to be considered is the good of the school. The acts of the board 
In all such cases are considered to be without malice or prejudice, 
and, in order that they may be held responsible for any injury done 
the pupil by suspension, it will be necessary that the contrary be 
proved. 

In cases of contagious or infectious disease it has been uni- 
formly held that a school board is authorized to deny to a person 
irfected or exposed to the disease the right to school privileges 
till the danger of such infection or exposure is past. In many states 
the supreme court has ruled that requiring persons who wish to at- 

124 



DIGEST OF SOHOOL LAWlS 

tend school to be vaccinated is a reasonable requirement, in case- 
tiiere is danger of a spread of smallpox in a community, and tliat 
tlie board maj^ deny to anyone who refuses to comply with such re- 
quirement the right to attend school until the danger is past. 

j Absence and tardiness are the bane of many schools, and rules 
exacting reasonable excuses from the parent or guardian of chil- 
dren who are .guilty of this fault are just and proper, A failure of 
a parent or guardian to comply with such rule may subject the 
child to suspen'sion. 

The right to administer corporal punishment is not denied ta 
the teacher under our law, though the drift of sentiment among 
educators is away from such method of discipline. If, in the judg- 
ment of the teacher, the rod must be used, the offense, the condi- 
tion and temperament of the child, the extent of the punishment — 
all should be considered in adA^ance. In the Illinois school laws 
and decisions the following excellent summary of the subject may 
be found: 

) "The opinions of the highest judicial tribunals and eminent 
jurists concur in respect to the propriety and necessity of granting 
school teachers the authority to inflict corporal punishment in cer- 
tain cases, and of protection to them in the prudent and reasonable 
exercises of such authority either to promote the welfare of th^ 
child or of the whole school. Teachers are, however, held to a just 
accountability for the abuse of the power conferred." 

) The teacher's jurisdiction over the pupil, as expressed by vari- 
ous supreme courts is, that this control covers the time from the 
leaving home on the part of the pupil, until his return thereto. It 
has also been held that the teacher may take the pupil to task for 
any misconduct committed at any time or place, the result of which 
may prove subversive of the authority of the teacher or directly 
detrimental to the best interests of the school. 

'Directors, not teachers, give holidays. 

It should be borne in mind the rule-making power rests with 
the school board. The members of the board are selected from the 
•community and are supposed to represent the best type of citizen- 
ship of the community. In their hands is placed the control of the 
schools of the district, and to their judgment the welfare of the 
same is entrusted. The rules by them made for the government 
of the school are taken to be reasonable and equable, and will be so 
held by the courts, unless the contrary is shown. Pupils are ex- 
pected to abide by these rules, and the fact that a pupil is enrolled 
ill the school is taken as a tacit agreement on his part to be obedi- 
ent to them. Insubordination constitutes a just cause for the sus- 
pension of any pupil. 

Sec. 7638. Older persons mmj attend. — They may 

125 



DiaEST OF SCHOOL. UAWS 

permit older persons to attend the school under such reg- 
ulations as they may deem proper. 

It has also been held that the directors, unless there be in- 
fitruction to the contrary from the electors In the annual school 
meeting, may 'admit non-resident pupdls to the privileges of the 
school. If this be done the rate of tuition should not be less than 
the per capita paid for the education of the children resident in tne 
district. Directors should in no case allow the admission of non- 
resident pupils to the disadvantage of the pupils who are entitiel 
to school privileges by reason of residence in the district. 

Sec. 7639. County court may transfer. — The, coun- 
ty court shall have power, upon the petition of any per- 
son residing in any particular school district, to transfer 
the children or wards of such person, for educational 
purposes, to an adjoining district in the same county, or 
to an adjoining district in an adjoining county; provided, 
said petitioner shall state under oath that the transfer 
is for school purposes alone. Provided further, where a 
number of colored children or wards, not exceeding ten, 
reside in a particular school district, the county court 
shall have power, upon petition of any person to transfer 
said colored children or wards of such person to an ad- 
joining district in the same county, or an adjoining dis- 
itiict in an adjoining county; and, also, where a number 
of white children or wards, not exceeding ten, reside in 
la particular school district, the county court shall have 
power upon the petition of any person, to transfer said 
white children or wards of such person to an adjoining 
district in the same county or an adjoining district in an 
■adjoining county; and said transfers under the 
last named proviso shall not destroy the legality of 
such school district, although the number of children be 
reduced to a number less than thirty-five persons of 
scholastic age; and said petitioner shall at once notify 
the county examiner of the county or counties and the 



126 



DIGEST OF SCHOOL Uk-WS 

directors of both districts. (Act April 3, 1891. See Sec, 

7543.) 

A petition for the transfer of children from one school district 
to another must state facts sufficient upon which an order of trans^ 
fer may be made. The petition must show that the p^tiioner has 
children. A joint petition may be filed, but it should show that 
each of the petitioners has children, and unless it does, it is open 
to demurrer. Norton v. Lakeside Special School District, 97 Ark. 
71. 133 S. W. 184. 

An order made under this statute does not have the effect of 
transferring the land owned by the party from one district to the 
other. School District No. 4 v. School District No. &4, 93 Ark. 
112, 124 S. W. 238. 

Sec. 7640. Transferred children — included where. 
— The directors of the district to which such children 
^.ave been transferred at the time of taking the enumera- 
:tion shall include such children in the district to which 
.they have been transferred, and they shall not be enum- 
erated in the district where they reside. The district 
.school tax of such person shall be added to the school 
revenues of the district to which he has been transferred 
and shall not be included in the school revenues of the 
district where he resides. 

An elector, who has transferred to a district for school pur- 
poses and has all other qualifications necessary for a director, 
may hold the office of director. 

Transfers can be made only into adjoining districts. 

Transfers are authorized for the benefit of better school- facil- 
ities, and a person having no children cannot transfer. Property 
without children cannot be transferred. 

Application for transfer must be made by the person whose 
children or wards are to be affected by the same. 

If A transfers his taxes to an adjoining district for school pur- 
poses, and afterwards moves away, the riglht of transfer does not 
hold for the person who may move on the property formerly occu- 
j)ied by A. . , 

The transfer ceases when the parent or guardian no louger 
4ha3 children or iwards of school age. 

127 



DI&EST OF SCHiOOiL LiAWS 

Children over twenty-one years of age, or who may attain that 
age after a transfer Ihas been made by their parents, have no 
s<Jhool rig<hts under such transfer. 

A transfer must he made in the name of the parent or gaurdi- 
an of the children for whose benefit the transfer is made, and does 
|iot affect the children or wards of renters on the land of the 
party transferring. 

Parents are not transferred into other school districts, but 
their taxes, both personal and real, may be, and this entitles the 
children or wards of sucOa persons to school privileges in the dis- 
trict to which transfer is made. 

Sec. 7641. Transferred 2^ersons — Powers. — Any 
person who transfers his child, children or wards and 
property to any district for educational purposes, shall 
have the same right to vote in said district for directors 
and tax as other electors have of the district to which he. 
is transferred. Where such person is transferred to a 
district out of his county, -the county treasurer of the 
county wherein he resides, shall open an account with the 
district to which he is transferred, and his school taxes 
shall be credited to the same and paid on the warrants of 
the directors of the district to which he is transferred. 
Provided, any person transferring his property and chil- 
dren to an adjoining district for educational purposes 
shall have the right, after having been transferred, or re- 
siding therein for thirty days previous to said election, 
.and within the state for one year and in the county six 
months, and who has paid his poll tax, to vote in said 
school district, and in no other for directors or tax at 
said school elections. 

Sec. 7642. Same — Transfers to another county. — 

Whenever any person or persons transfer from one 

school district to another school district across a county 

line, it shall be the duty of the directors of said district 

to which said person or persons have transferred, to 

128 



^ MGiEST OF SCHOOL LAWS 

allow all qualified electors that have transferred across 
the county line to vote in said school election the same as 
if he lived in the same county ; and when a tax is levied, 
the directors shall notify the county judge in the county 
where said transfers live, the amount of taxes levied and 
the names of all taxpayers who have transferred into 
said district across the county line, and the county judge 
shall cause the levy to be made. It shall be the duty of 
the collector of taxes to collect the school tax from said 
person or persons who have transferred and to turn it 
over to the treasurer of his county and the treasurer- 
shall notify the directors of the school district where 
said transfer was made, the amount of taxes in his hands 
tc their credit, and said directors shall draw their war- 
rant on said treasury for the same, and he shall pay said 
warrant to the amount of all in the treasury to their 
credit in the same manner as if the said directors lived 
in his county. Any officer willfully violating any of the 
provisions of this act shall be fined in any sum not to ex- 
ceed twenty-five dollars ($25.00.) 

Sec. 7643. They may permit private school. — The 
directors may permit a private school to be taught in the 
district schoolhouse during such time as the said house 
is not occupied by a public school, unless they be other- 
wise directed by a majority of the legal voters of the dis- 
trict. 

Sec. 7644. Examination and institute — School shail 
close. — The directors shall cause the public schools in 
their districts to be dosed on the days appointed for pub- 
lic examination of teachers in their county, and also 
cause the said school to be closed during the session of 
the teachers' institute. Provided, said school shall not 
be closed for a greater length of time than five days dur- 

129 



DIGtEiST OF SCHOOL LAWS 

ing any one session of not more than five months. (Act 
March 27, 1885.) 

By Act XXVII, approved March 5, 1895, so much of this section 
as relates to public examinations is repealed. Teachers are not 
CLOW required to attend examinations unless they desire to obtain 
license to teach. No examination and institute can be held at the 
sJamq time. Teachers are required to attend one institute annu- 
ally, and cannot be charged for loss of time while attending. See 
Sees. 7652 and 7&53. 

Sec. 7645. Directors and examiners ^exempt from 
road duty. — Directors and county examiners shall be ex- 
empt from working on roads and highways. {Act De- 
cember 7, 1875, Sees, 11-1^, as amended by Act March 
23, 1891.) 

Sec. 7646. Penalty for not reporting tax levy. — 
Any director or other person whose duty it may become. 
to report to the county court the per cent of tax levied by 
any school district at an annual meeting, and who shall 
neglect or refuse to do so in the manner and at the time 
provided by law, shall be liable for all loss which may be 
sustained by such failure and for all costs, and shall be 
•fined not less than ten nor more than fifty dollars. 

Sec. 7647. Shall furnish county clerk with list of 
property — Within fifteen days after any special tax shall 
be voted by a school district at an annual meeting, it 
shall be the duty of the directors to furnish the county 
clerk with a certified list of all persons owning property 
in the district to pay such special tax. 

Sec. 7648. Penalty for neglect of duty. — Any per- 
son whose duty it is to execute Sections 7621, 7647, 
7664, and who shall fail to do so, shall be fined not less 
than ten nor more than fifty dollars, and the same shall 

130 



DIGEST OF SCHOOL LAWS 

be paid into the county treasury. (Act March 11, 1881, 
Sees. 1, 3, and 9.) 

TEACHERS. 

Sec. 7649. Teachers mtcst be licensed. — Any person 
who shall teach in a common school in this state, without 
a certificate of his qualification and his license to teach, 
shall not be entitled to receive for such services any com- 
pensation from revenues raised by tax or in any wise ap- 
propriated for the. support of common schools ; provided, 
if his license expires by limitation during any school, 
such expiration shall not have the effect to interrupt his 
school, or to debar his claim against school revenues for 
the payment of teachers' wages. 

The right to teach is based upon an approved examination. 
Every teacher must (hold a certificate in order to receive school 
revenue for his services. This includes all assistants. The assist- 
ant is a teacher and can only receive compenation ' lawfully 
through the directors. No principal can draw a lump salary from 
the 'school revenues to ipay for either licensed or unlicensed as- 
sistants. Each teacher must have a separate contract and draw 
his separate compensation. The treasurer is warranted in de- 
manding the license and the contract before paying any warrant; 
and if suctti contract discloses the fact that the warrant is drawn 
to cover the salary of an unlicensed teacher, it should not be 
paid. See Sections 7628, 7627 and 7615. 

The teacher must have a living license on the day he begins 
the actual work of teaching. Having begun his school lawfully he 
may finish it, although his license expires before the end of his 
term, but if a vacation occur, the teacher must secure a license 
before resuming the school; neither is a teacher authorized to 
teach a school on a license that expires a few days after his 
school is begun. 

If directors employ a teacher wlho has not a certificate, as re- 
quired by law, and the treasurer knows the fact, even if the direct- 
ors issue a warrant, the treasurer should not pay it. 

If a teacher teaches for awhile without a certificate and then 
gets one. the directors cannot pay for the time taught without a 
certificate. Neither can they pay him indirectly for suoQi time by 
hiring him over at an advance in salary sufficient to make up for 

131 



DIGEST OF SCHOOL LAWS 

the time taught before he got a certificate. Public officers must- 
not do indirectly what the law forbids them to do directly. 

The number of hours for keeping a school open is not fixed by 
the law, but is a matter of contract between directors and teach- 
lers. The number of hours usually includes tlhe time given for r^ 
cesses and excludes the noon intermission. 

All assistant teachers, substitute teachers, special teachers of 
[writing, etc., included, in the public schools, must have certificates 
iOf qualification from the county examiner — there is no exception 
Ito the emiphatic requirements of the law in respect to certificatjes. 

This opinion is grounded upon the plain object of the legisla- 
ture in requiring teachers to possess certificates; which can be 
none other than to secure the employment of teachers of approved 
character and ability — a consideration of quite as much moment 
lln the case of assistant teachers as any other. 

It is held that the superintendent of city and village schools 
•J)elong's to the teaching force, and should, therefore, have a certi- 
ficate of qualification in order that he may draw his pay. 

When the directors persist, in violation of law, in retaining a 
teacher who does not hold a certificate, any taxpayer or patron of 
Jthe school would be entitled to an injunction to restrain the 
jteacher or board from continuing the school. 

Sec. 7649-a. — Graduates of Normal Department of 
University of Arkansas to be licensed to teach. — 1. 
That the diplomas from teachers training department of 
the University of Arkansas shall be equivalent to a teach- 
er's professional license, which shall entitle the holder 
thereof to teach in any public school of the State of Ark- 
ansas for a period of six years from and after the date 
of issue, and after the expiration of that time said di- 
ploma may be converted into a life certificate ; provided, 
the work done by the holder thereof and his or her moral 
^character meet with the approval of the State Superin- 
tendent of Public Instruction. 

Repealing Clause: That all laws in conflict here- 
with are hereby repealed, and this act shall be in force 
|rom and after its passage. 



132 



DIGflBST OF SiCHOOL. LAWS 

Sec. 7650. He shall keep register, — Every teacher 
shall keep a daily regiser of his school in the manner 
prescribed by law, and indicated by the blank school reg- 
ister to be furnished by the directors at the commence- 
ment of the school. 

Directors cannot make the reports required hy law withoat 
the information 'contained in this register, and they sliould exact 
frigidly a compliance with the requirements of this section. No 
teacher should he given a warrant for his last month's salary un- 
|til this register is completed for the term. 

Sec. 7651. Record. — Contains what. — It shall be 
the duty of each teacher to leave in his school register a 
complete record of the various grades in his school, indi- 
cating the amount of work done by each student duri-ig 
the isession and the position of each student at the close 
of the school term. 

Sec. 7652.. Teachers desiring to he examined. — It 
shall be the duty of only such teachers as desire to be ex- 
amined for license to teach in the public schools in any 
county to attend any public examination for teachers of 
said county. 

Sec. 7653. Shall attend one institute annually. — 
It shall be the duty of all the teachers of the public 
schools to attend one institute annually, which shall be 
held by the county examiner, after having given twenty 
days' notice of the time and place of the institute in the 
same manner as is now required by law for quarterly 
examinations. No institute and quarterly examination 
shall be held at the same time. No teacher when attend- 
ing a quarterly examination, or an institute, shall be 
charged for loss of time while necessarily absent from 
his school to attend such examination or institute. (Act 
March 5, 1895.) 

133 



DIGEST OF SCHOOL LAWS 

The law requires each examiner to hold at least one institute 
annually. Teachers are expected to attend the same. Due notice 
Rhould be given them of the institute, and, in case they fail to at- 
tend, it is within the power of the examiner to revoke their li- 
Icense, provided opportunity is given the teachers to appear before 
the examiner and show cause why the did not attend. Reasonable 
excuses should of course have their weight witlh the ■ examiner, 
though he is to be the judge of tftieir reasonableness; ,and, if he 
act in good faith in the revocation of a license, he will not be held 
liable under the law for any damage that may ' result in conse- 
quence of such revocation. 

Sec. 7654. Shall not ^permit sectarian hooks. — No 
teacher employed in any of the common schools shall per- 
mit sectarian books to be used as a reading or textbook 
in the school under his care. 

Sec. 7655. Teacher's claim not superseded. — Anyf 
teacher who shall have complied with the provisions of 
this act shall be paid from the first money received int.o 
the county treasury to the credit of the district ; and his 
claim shall not be superseded by any subsequent claim; 
and no money in the county treasury belonging to any 
district shall, so long as there is any such claim filed 
against the said district, be applied to any purposes 
whatever other than the payment of teachers' wages. 
(Act December 7, 1875, 1875, Sees. 80-84. See Sec, 
7661.) 

Sec. 7656. Penalty for failure to file Register. — No 
teacher shall be entitled to the last month's pay for any 
school taught by him until he shall have returned to the 
directors of the district in which such school was taught 
the daily register furnished him, with all statistical work 
which teachers are by law required to perform, perfect- 
ed and complete, and no director shall otherwise issue an 
order for such last month's pay. (Act March 11, 1881, 
Sec. 4.) 



134 



DIGEST OF SCHOOL LAWS 

TRESPASS ON SCHOOLHOUSES, ETC. 

Sec. 7657. Penalty for destruction of property. — 
Any person who shall wilfully destroy or injure any 
building used as a school house, or for other educational 
purposes, or any furniture, fixtures or apparatus thereto 
belonging, or who shall deface, mar or disfigure any such 
building, or who shall deface, mar or disfigure any such 
building, furniture or fixtures, by writing, cutting, paint- 
ing or pasting thereon any likeness, figure, words or de- 
vice, without the consent of the teacher or other person 
'having control of such house, furniture or fixtures, shall 
be fined in a sum double the value of any such building, 
furniture, fixtures or apparatus so destroyed, and shall 
be fined in a sum not less than ten nor more than fifty 
dollars for each offense for writing,, painting, cutting or 
pasting in any such building, furniture or fixtures any 
such words, figures, likeness or device, to be recovered by 
civil action in any court of competent jurisdiction; and 
the punishment provided in this section is in addition to 
and not in lieu of, the punishment provided by the 
statutes for such ofi^enses. (Act December 7, 1875, Sec, 
86.) 

Sec. 1923. Penalty to deface. — To cut, write upon, 
deface, disfigure or damage any part or appurtenance or 
tlie inclosure of the statehouse, or any other building be- 
longing to the state, or any church or schoolhouse, or 
other public building, or to any citizen of this state, 
when not occupied, shall be a misdemeanor punishable 
by a fine not exceeding one hundred dollars. 

disturbance of school. 

Sec. 1653. Penalty for disturbance. — If any par- 
ent, guardian or other person, from any cause, fancied 

135 



DIGEST OF SCHOOL LiAWS 

or real, visit any school and insult any teacher in the 
presence of his pupils, the person offending by such con- 
duct shall be liable to a fine of twenty-five dollars. {Act 
December' 7, 1875, Sec. 85.) 

Sec. 1927. Penalty for trespass. — Any person or 
persons who shall, by any boisterous or other noisy con- 
duct, disturb or annoy any public or private school in 
this state, or any person not a student who, after being 
duly notified to keep off the school grounds during the 
ischool hours by the board of directors or the superinten- 
dent or principal teacher in charge of any such 
school, shall continue to trespass or go upon said 
grounds, whether at recess or during the sessions of 
said school, shall be guilty of a misdemeanor, and upon 
conviction shall be fined in any sum not exceeding one 
hundred dollars. {Act February 16, 1893, Sec. 2.) 

, SCHOOL WARRANTS — DISBURSEMENTS OF FUNDS, ETC. 

Sec. 7658. Certain officers prohibited from owning 
school warrants. — It shall be unlawful for county collect- 
ors and treasurers to purchase or otherwise be the own- 
ers of or interested, directly or indirectly, in any school 
warrant issued by any school director of the county in 
which they reside. 

Sec. 7659. School tax payable by warrant. — The 
district school tax in each county may be payable and re- 
ceivable in the warrants drawn by the directors of the 
school district in which a school tax may be levied by the 
county court. 

Sec. 7660. County treasurer shall keep register. — 
It shall be the duty of the county treasurer of each coun- 

.136 



DIGEST OF SCHOOL LAWS 

ty to keep in -his office a suitable and well-bound book, in 
which he shall register by number and in the order of 
presentation all district school warrants that may be 
presented 1?o him; this registration to be made before the 
warrant is paid, and it shall show the date of presenta- 
tion of the warrant, by whom drawn, on what district, 
and in whose favor, and for what purpose drawn, the 
amount and date of warrant, date of payment, and to 
whom paid; and said book shall at all times be subject to 
the inspection of any taxpayer. 

Sec. 7661. Treasurer shall give notioe of funds. — 
It shall be the duty of the county treasurers, immediate- 
ly upon t|he receipt by them of any school funds, 'to give 
notice of the amount and kind of funds received, and 
from what source received, by written or printed notices 
put up in two public places in each and every school dis- 
tricti, and at the court house door, and the funds so re- 
ceived shall be paid out on the warrants registered in ac- 
cordance with the provisions of the preceding section. 
(As amended by act of April 17, 1899. See Sec. 7552.) 

Sec. 7662. Penalty for failure to comply. — Any oi- 
f cer failing to comply with the requirements of this act, 
for each and every offense, shall be subject to indictment, 
and, if found guili^y, shall be punished by a fine of not 
less than five hundred dollars and by confinement in the 
penitentiary of the state for a period not less than three 
nor more than twelve months. 

Sec. 7663. Director. — Penalty for fraud. — Any di- 
rector who shall fraudulently issue any school warrant 
shall be guilty of a misdemeanor, and, upon conviction, 
shall be subject to the penalties enumerated in the pre- 
ceding section. {Act May 27, 1874.) 

137 



DIGEST OF SCHOOL LAWS 



Sec. 7664. Tmasurer's report. — Contains what. 
The county treasurer shall, on or before the tenth day of 
August each year, forward to the superintendent of pub- 
lic instruction a certified statement showing the amount, 
in kind, of public school funds received by him ; from 
what sources they were received ; how and for what pur- 
poses they have been disbursed, and what amount, in 
kind, remains in the treasury. See Sec. 7648. 

Sec. 7665. Warrants. — Time for presentation. — 
The order of any board of directors, properly drawn 
after the passage of this act shall be presented to the. 
treasurer of the proper county within sixty days after it 
was drawn by the ^aid board of directors. All such or- 
ders shall be paid in the order of their presentation ; 
provided, that this act shall not apply to warrants issued 
prior to May 1, 1889. As armended by act of April 17, 
1899.) 

Sec. 7666. Warrants shall he paid in order. — If 
there are no funds with which to pay such order the 
treasurer shall indorse the same : "Not paid for want Of 
funds,'' giving the date and signing his name officially. 
He shall number and record each warrant in the book 
provided for such purpose, keeping a separate record for 
each district, and shall pay said warrants in the order of 
their number. {Act March 21, 1885, Sec. 2.) 

The treasurer is empowered to pay only the amount ' of the 
face of the warrant; there is no authority given him to pay inter- 
•etst thereon. A. H. Andrews & Co. v. Delight 'Special School Dis- 
trict, 95 Ark. 26, 128 S. W. 362. ' 

Sec. 3509. Treasurer's commission. — He (the 
county treasurer) shall be allowed, as commissions on 
the aggregate amount of lall the school funds of the coun-- 

138 



\ 



DIGEST OF SCHOOL I^WS 

ty coming into his hands in any one year, the rate of two 
per cent, and no more; provided, that if any county treas- 
urer shall have taken commissions from any particular 
school fund, the same fund shall not be subject to com- 
missions in the hands of his successor in office.. (As 
amended by act of March 12, 1895.) 

VIOLATION OF SCHOOL LAWS — ^DUTY OF PROSECUTING 
: ATTORNEYS. 

Sec. 7667. He shall bring offender to trial. — The- 
prosecuting attorney of each judicial district shall, upon 
being satisfied that any violation of the school laws of 
this state has been .committed by any officer or person, 
ill any county of his district, which renders such officer 
or person so offending liable to any fine, pain, penalty or 
forfeiture for damage, without delay, institute in any 
court of competent jurisdiction such proceedings as are 
necessary to bring such offender to trial, and secure to 
the county, school district, or person so damaged by such 
violation, the benefits and reliefs to which each or any of 
them may be entitled ; and for such services the prosecut- 
ing attorney shall be allowed the same compensation as 
he is allowed in cases of misdemeanor, which shall be 
assessed against such offender as cost. (Act March 11, 
1881, Sec. 10.) 

SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN 
CITIES AND TOWNS. 

Sec. 7668. Cities and toivns may be special dis- 
tricts. — Any incorporated city or town in this state, in- 
cluding the terriory annexed thereto for school pur- 
poses, may be organized into and established as a single 
school district in the manner and with the powers here- 
inafter specified; provided, all school districts which are 



139 



DIGEST OF SCHOOL LAWIS 

already organized and all hereafter oi»ganized under this 
'Act, shall include all the territory of the city or town, 
and when the limits of the city or town are exended so as 
to include territory not before within the school district, 
'all of said new territory into the city or town be- 
come a part of special district of Said city or town. 
(Act May 31, 1909.) 

In tli€ case of Beavers vs. State, 60 'Ark., 124, it is held that 
the territory, which was included with the incorporated city or 
town, in a common school district prior to its formation into a 
single school district, is not by the act or organization included 
therein and can only be so included by annexation as provided 
for in Section 7695. 

Sec. 7669. Voters may petition for election. — Up- 
on the written petition of twenty voters of such city or 
town, praying that the sense of the legal voters of said 
city or town may be taken on the adoption of this act for 
the regulation and government of the, public schools 
therein, it shall be the duty of the mayor of such city or 
town, within five days after the presentation of such 
petition, to designate and fix a day, not less than seven 
nor more than fifteen days distant, for holding an elec- 
tion in said city or town for that purpose and also for the 
election by ballot, at the same time, of a board of six 
school directors for said city or tow^n. . 

Sec. 7670. Mayor shall give notice of election. — 
The mayor shall cause notice of said election to be given 
by posting notices in at least five public places in said 
city or town, and by one insertion in such newspapers 
as may be published in said city or town. The electors 
at said election desiring to vote in favor of the adoption 
of this act shall have written or printed on their ballots, 
"For the school law," and those opposed thereto shall 
have written or printed on their ballots, ''Against the 

140 



DIGEST OF SCHOOL LAWS 

scnool law"; and if a majority of the ballots cast at said 
election shall be 'Tor school law", then, and in that case 
only, shall such city or town be deemed and held to be a 
single school district under and in pursuance of this act, 
and the directors voted for and elected at said election 
shall qualify and enter upon the discharge of their du- 
ties as hereinafter provided. (lb., part Sec. 2.) 

The preceding sections are to determine whether the special 
act for the regulation of public schools in cities and towns shall 
be adopted. They are preliminary to organization. They require 
the following modus operandi: 

1. A written petition of twenty voters asking that tihe sense 
of the legal voters be taken on the adoption of the act. 

2. The mayor must fix within five days from the presenta- 
tion of said petition a day for said election. 

3. Said election shall not be less than seven nor more than 
fifteen days from the date of the proclamation. 

4. .'Said election shall also determine by ballot a board of six 
directors. i • ' 

5. The mayor must promulgate the election notices by post- 
ing and printing should there be a paper. 

6. The electors must vote by ballot and as prescribed. 

7. A majority of all the votes case are necessary to make 
leaid oity or town a single school district. 

Sec. 7671. Election — Hoiv held, — On the third Sat- 
urday in May, 1893, and annually thereafter, an election 
shall be held at the usual voting place in each ward of all 
incorporated towns and cities heretofore organized into 
single or special school districts, for the election of two 
directors, who shall serve for three years, and until their 
successors are elected and qualified. The ballot of the 
voter, in addition to the names of the persons voted for 
as directors, shall have written or printed on it the 
words "for tax", "against tax", and the rate the voter 
desires levied; provided, in incorporated towns and cities 



141 



DIGEST OF SCHOOL LAWS 

'Cf the second class, the election may be held at one or 
more of the voting places therein, and not in each ward, 
ix the board of directors shall so direct by notice posted 
in three public places in said city or town ten days be- 
fore the election designating the place or places at which 
said election shall be held. 

S53. 7672. Directors shall giv\e notice of election. — 
When any special school district has been organized as 
provided by law, the board of directors shall give notice 
of each annual election at least fifteen days previous to 
such election, by posting notices in at least five public 
places in said district. 

Sec. 7673. Who shall hold election. — Said election 
shall be held by the judges appointed to hold the munic- 
ipal elections in said city or town next preceding the 
said election, for the ward or wards in which such school 
election may be held. The judges at each voting place 
shall appoint two clerks, and each judge and clerk shall 
take the oath required by law, and shall receive for their 
services the sum of one dollar each, to be paid out of the 
school if und of the district on the order of the board of 
<iirectors. 

Sec. 7674. Polls — When open. — The judges shall 
cause the polls to be opened at nine o'clock and closed at 
sunset. 

Sec. 7675. When voters may select judges. — If any 
of the regular judges shall fail to appear by ten o'clock, 
the assembled voters, not less than ten in number, shall 
.select other judges in their places. 

Sec. 7676. Where voters may vote. — If the electioxi 

142 



DIGEST OF SCHOOL LAWS 

45hall be held in all the wards of the city or town, each 
\oter shall vote in the ward where he resides. Provided, 
voters residing in any part of the district not embraced 
in any ward may vote at any place they may deem most 
convenient. 

Sec. 7677. Returns of election made to clerk. — The 
returns of said election shall be made to the county clerk, 
who shall forthwith deliver a certificate of election to 
?ach of the persons elected directors. 

Sec. 7678. Clerk shall certify result to county court, 
— He shall also declare the result of the votes for and 
against tax, and certify the same to the county court on 
the first day of the term fixed by law for levying county 
taxes ; and the rate of taxes so certified shall be levied by 
the court as other school taxes. 

Sec. 7679. Directors shall take oath — ivhen. — Each 
person elected director shall take the oath of office with- 
in five days after receiving a certificate of election, which 
shall be filed with the county clerk, and thereafter dur- 
ir.g his term of office no further oath nor affidavit shall 
be required of him in the discharge of his official dutie.^. 

Sec. 7680. Chapter 57 does not apply. — The provis- 
ions of chapter 57 shall have no application to the elec- 
tions herein provided for. (Act April 10, 1893, Sees. 
1-7.) 

Chapter L\TI, referred to in above section, is that providing 
for general elections (Kirby's Digest). 

Sec. 7681. Board to organize — how. — The board of 
directors shall organize by choosing from their own 

143 



DIGEST OF SCHOOL LAW® 

number a president, who shall hold his office until the- 
last Saturday in May, and the said board shall at the 
same time choose a secretary who may also be clerk of 
the board, and said secretary may be chosen from per- 
sons other than members of the board, and he shall hold 
his office until the last Saturday in May, and annually 
en that day the said board shall meet and elect a presi- 
dent and secretary in the same manner as provided 
above. (Act March 24, 1911.) 

Sec. 7682. School board may fill vacancy. — If the 
office of director in any special school district shall be- 
come vacant, the remaining directors of said district 
shall elect a director to fill such vacancy, who shall serve 
until the next annual election for school directors, at 
which time all vacancies shall be filed by the electors for 
the unexpired term. (For Newton and Sevier counties 
isee Act 458, Acts 1911.) 

Sec. 7683. Board shall meet — When. — Said board 
of directors shall hold a regular meeting on the last Sat- 
urday in each month, and may hold stated meetings at 
such other times and places in said district as they may 
appoint; four members of said board shall constitute a 
quorum, but a less number may adjourn from time to 
time ; special meetings thereof may be called by the 
president, or by any two members of the board, on giv- 
ing one day's notice of the time and place of the same, 
and, in case of the absence of the president at any meet- 
ing of the board, a president pro tempore shall be 
chosen. The office of any member of said board, as 
such, who shall, without good cause, fail to attend three 
consecutive monthly or stated meetings of said board, 
may be declared vacant by the board. The" board may 
make rules and regulations for their own government 



144 



DIGEST OF SCHOOL LAWS 

and for the dispatch and regulation of the school busi- 
ness and the affairs of the district, not inconsistent 
with law. {Act February 4, 1869, Sec. 4.) 

Sec. 7684. Poivers of board.— Ssiid board of di- 
rectors shall have power to purchase or lease school- 
house sites, to build, hire or purchase schoolhouses, and 
to keep in repair and furnish |;he same with the neces- 
sary seats, desks, furniture, fixtures and fuel, and to in- 
sure the same ; to fence the school grounds, erect our- 
houses, provide wells and make all other improvements 
en the schoolhouse grounds and schoolhouses belonging 
to said district necessary and proper for the comfort, 
convenience and health of the scholars, and the preserva- 
tion of said property; to hire teachers for all public 
schools of the district, employ a superintendest of 
schools, who may also be principal of any graded or 
high school that said board may establish ; to provide 
books and apparatus for the schools, and the necessary 
blank books and stationery for the board, and school 
registers and the blanks for the teachers; to establish 
and maintain a sufficient number of primary, graded or 
high schools to accommodate all the scholars in said dis- 
trict; to determine the branches to be taught and the 
text-books to be used in the several schools of the dis- 
trict ; to admit pupils not belonging to the district on 
such terms as they may agree upon with the parents, or 
guardians of said pupils, or the district from whence 
they came,; to appoint a board of three visitors and ex- 
aminers for the schools of the district, which board shall 
examine persons applying to teach in any of the schooL-4 
of said district; provided, no teacher shall be employed 
who does not hold a certificate from the state superin- 
tendent or county examiner; to examine, from time to 
time, the books and the accounts of the county treas- 



145 



DIGEST OF SCHOOL LAWS 

iirer, so far as the same relate to the several school 
funds belonging to the district ; and when, in the opinion 
of a majority of the members of said board, the best in- 
terest of the (district demand a sale or exchange of any- 
real estate or school house site belonging to the the dis- 
trict, they may sell or exchange the same, the deed 
therefor to be executed by the president of the board 
■upon a majority vote of the whole board of directors 
^authorizing and directing such sale or exchange. lb., 
Sec, 5. 



This section does not authorize the directors to substitute 
their examination for that of the examiner. The examiner's rights 
are superior to those of the directors. He should examine ' under 
his oath, and license or refuse to license as his judgment decides, 
anid is not accountable to any board of directors. Nor should he 
hold his examination in connection with the examination of the 
board. His work should be entirely separate from their work. 
They have the right to examine, but not to interfere in any par- 
ticular with the examiner's work. 



REMOVAL OF A TEACHER FOR INCOMPETENCY. 

Under Sections 7684 and 7685, which enjoin the board of 
achool directors to hire suitable teachers; to enforce all necessary 
rules for the government of teachers and pupils; and to visit the 
ichools and observe the discipline and progress of the pupils, the 
board has the power to remove a teacher for incompetency and 
lor Immorality; and the fact that the teacher has been duly li- 
cnsed by the county examiner, and that tihe latter has failed to re- 
voke the license as he is empowered to do by Section 7573, is not 
conclusive to the board as to competency or morality of the teach- 
er. The fact that the board has tolerated the teacher's misconduct 
and Inefficiency for a time does not operate as a waiver of Its 
rights to discharge him therefor, -as the teacflier's undertaking to 
perform his duty in a moral and skillful manner is assumed for the 
benefit of the school, its pupils and patrons, and not for the 
benefit of the /board. School District of Fort Smith v. Maury, 53 

*\T)L., 471. 

Sec. 7685. Board shall establish schools. — It shall 
'be the duty of said board, as soon as the means for that 
purpose can be provided, to establish in said district an 

146 



DIGEST OF SCHOOL LAWS 

adequate number of primary schools, so located as best 
to accommodate the inhabitants thereof; and it shall be 
the further duty, of said board to establish in said dis- 
trict a suitable number of other schools of a higher 
irrade or grades, wherein instruction shall be given in 
such studies as may not be provided for in the primaiy 
schools ; the number of schools, the grades thereof, and 
the branches to be taught in each and all of said schools 
i:o be determined by said board. It shall be the duty of 
fiaid board to keep said schools in operation not less than 
three nor more than ten months in each year. The said 
board shall have power to make and enforce all neces- 
sary rules and regulations for the government of teach- 
ers and pupils in said schools. Said board shall also, 
separately or collectively, together with such persons as 
they may appoint or invite, visit the schools in the dis- 
trict at least twice in each year, and observe the dis- 
'f ipline, mode of teaching, progress of the pupils, and see 
that the teachers keep a correct register of the pupils, 
embracing the periods of time during which they attend 
sehool, the branches taught, and such other matters as 
may be required by law or by the instructions of the 
state superintendent. (lb., Sec. 6.) 

Sec. 7686. Board shall order warrants drawn. — 
No draft or warrant shall be drawn on the county treas- 
urer, except in pursuance of an order of said board ; all 
drafts or warrants on the treasurer shall be signed by 
the president, or president pro tempore, and the secri?.- 
tarj% and shall specify the fund on which they are drawn 
and the use for which the money is assigned. (lb., Sec. 
3.) 

Sec. 7687. Secretary — Dnfies of. — The secretary 
«hall record all the proceedings of the board in books 

147 



DIOEST OF SCHOOL LAWS 

kept for that purpose ; shall make and preserve copies of 
all reports required by law to be made to the state 
superintendent of public instruction or county examiner; 
shall file all papers transmitted to him pertaining to the 
business of the district ; shall make, or cause to be made, 
the annual enumeration of the youth of the district in 
-the time and manner required by law of school direct- 
ors, and shall perform such other duties as the board of 
directors may order and direct; and for his services may 
be allowed reasonable compensation, to be audited and 
allowed by a majority of said board. The other mem- 
bers of said board shall receive no compensation for 
their services. (lb,, Sec, 9), 

Sec. 7688. Board shall control real property, — The 
title of all real estate and other property belonging, for 
school purposes, to any city or town organized into a 
separate school district under this act, shall vest, and 
hereby is vested, in said city or town, as a school district 
and shall be under the management and control of the 
board of school directors for said district as fully and 
completely as other school property belonging to said 

district. {Ih,, Sec. 10.) 

» 

Sec. 7689. District shall be known by name of city. 
— All school districts formed under and governed by this 
act shall be known by the name of the city or town con- 
Istituting the district, with the words'^School District of 
prefixed thereto (as, for example,* ''School District of 
Little Rock") ; and by such name, may sue and be sued, 
contract and be contracted with, purchase, acquire, hold 
and sell property, receive gifts, grants and bequests, and 
generally shall possess and enjoy all the corporate pow- 
ers usually possessed by bodies corporate of like char- 
acter. The style of the board of directors for school dis- 



148 



DIGEST OF SCHOOL LAWS 

tricts under this act shall be ''Board of School Directors." 
ilh., Sec. 11.) 

Sec. 7690. Board shall pay all debts. — The board 
of school directors of any district organized under this 
act shall pay and discharge all debts and liabilities law- 
fully incurred by the several school districts existing 
•under previous law and embraced in the district organ- 
ized under this act. (lb., .^ec. 12.) 

Sec. 7691. Penalfi' for failure to q-mlify. — Any 
person elected a director under the provisions of this act 
■who shall fail to take the oath of office and qualify 
as herein required, or who, after qualifying as -uch 
director, shall fail to perform and discharge the official 
duties incumbent upon him as a director, shall be liable 
to the same penalties that now are or may be hereafter 
provided by law against directors of school districts for 
failing or refusing to qualify, or for neglect of official 
duty. (lb., Sec. 13.) 

Sec. 7692. May appoint and fix term of examin- 
ers. — The board of directors may fix the term of office 
ftnd define the duties of the board of visitors and exam- 
iners of the public schools in their district, and any per- 
son appointed by the board of directors a member of 
said board of visitors and examiners who shall refuse to 
act as such, and discharge the duties pertaining to such 
position, shall forfeit and pay to said district the sum of 
'twenty-five dollars, to be recovered in civil action in the 
name of said district, and added to the teachers' fund be- 
Jonging to said district. Provided, no person shall be 
compelled to serve in that capacity more than three con- 
secutive years. Said board of visitors and examiners 

149 



DIGiEST OF SCHOOL LAWS 

shall receive no compensation for their services. (7&.^. 
Sec. 14.) 

Sec. 7693. Special districts shall have share of 
general fund. — All school districts organized under this 
act shall have and receive their full proportion and dis- 
tributive share of the geoieral school fund of the state, 
in the same manner and according to the same rule as it 
is or mav be apportioned to other districts. (/&., Sec. 
15.) 

Sec. 7694. Superintendent and examiner may su^-^ 
gest. — It shall be the duty of the state superintendent 
and county examiners to make such suggestions and 
recommendations to the board of directors in relation to 
organizing and conducting the public schools in the dis- 
tricts organized under this act as they shall deem im- 
portant. 

Sec. 7695. General school law shall] apply. — The 
provisions of the general school laws of the state v^hich 
are now or may hereafter be in force, when not inap- 
plicable, and so far as the same are not inconsistent with 
^nd repugnant to the provisions of this act, shall apply 
to districts organized under this act; and such pro- 
visions of said laws as are inconsistent with and re- 
pugnant to the provisions of this act and inapplicable to 
districts organized thereunder, shall have no operation, 
force or effect in such districts. The county court shall 
annex contiguous territory to single school districts un- 
der the provisions of this act, when a majority! of the 
legal voters of said territory and the board of directors 
of said single district shall ask, by petition, that the- 
pame shall be done. (76., Sees. 16 and 17.) 

150 



DIGEST OF SCHOOL LAWS 

Sec. 7695-a. — Electors may organize any given ter» 
ritory into special school districts. 1. That when the 
people of any given territory in any county in this state, 
other than incorporated cities and towns, desire to .avail 
themselves of the benefits of all laws of this state, for 
the regulation ,of public schools in incorporated cities or 
towns, they may be organized into and established as & 
single school district in the manner and with powers 
therein provided, with such modifications of said laws 
as are herein provided. (Acts 1909, Act 321. Approved 
May 31, 1909.) (Amended by Act 169, Acts of 1911. 
See Sees. 7519-a et seq.) 

Sec. 7695-b. — Petitions to he accompanied by maps 
shoiving territory affected. 2. That the petitions pro- 
vided for in Section 7669 of Kirby's Digest of the laws 
of Arkansas shall be accompanied by a map showing the 
territory asked to be made into the special district and 
shall be presented to the county judge of the county con- 
taining such territory, who shall perform the duties im- 
posed upon the mayor of cities and towns in said original 
Act, and with like force and effect and said county judge 
shall designate the time and place for holding the ejec- 
tion provided for therein, and shall appoint three quali- 
fied electors of the proposed territory to hold said ejec- 
tion. 

Sec. 7695-c. — Districts to have power to , bon^ow 
money. 3. That all school districts created under this 
Act ,shall have the power to borrow money as any other 
special or single district, in cities or incorporated towns^ 
when a majority of the legal electors vote for the same* 
at any annual school meeting. 

Repealing Clause : All laws and parts of laws in 

151 



DIGEST OF SOHOOL L<AiWiS 

conflict v/ith this Act are hereby repealed and this Act 
be in force, and effect from and after its pa§.sage. 

RUDRjAL SiPBOIA'L iSOHOOL DDSTRjICT— Organization of.— 
Under the authority of Acts 1909, o. 321, any given territory in any 
^ven county, outside of incorporated cities and towns and the ter- 
ritory annexed thereto for school purposes, may be organized into 
a rural special school district, except territory already included 
within a special school district. Bonner v. Snipes, 103, Ark., 298. 

SAME. — Petition — ^Residence of petitioners. — ^Where a petition 
5s presented to tihe court to establish a rural special school dis- 
trict, out of territory composed of several common school districts, 
under Acts 1909, 'C. 3i21; it is immaterial where the petitioners re- 
side, provided they reside within the territory affected. (Ibid.) 

(SAiM)K — When rural special school districts created. — ^A rural 
special school district is created under Acts 1909, c. 321, whenever 
a majority of the qualified electors within the territory named In 
the petition vote for its establishment. (Ibid.) 

*SAM'E. — (How rural special school district created. — No offi- 
cial canvass of votes upon the question of establishing a rural spe- 
cial school district is provided by Acts 1909, c. 321, nor is it neces- 
sary that the county court shall make or enter of record any orders 
as to such special election or relative to the establishment of such 
district. (Ibid.) 

SAMiE. — 'Establishment. — ^A\^here a majority of the voters with- 
in certain territory voted to form a rural special school district, 
under Acts 1909, c. 321, it was not within the province of the coun- 
ty court to limit the purpose for which the district was formed by 
{Stating that certain schools for colored c!hildren should remain as 
heretofore, nor can it affect the validity of the organization or 
establishment of the district that the petition praying for its forma- 
tion, stated that such schools should be maintained as before. 
(Ibid.) 

SAME. — (Creation of new district — ^Diversion of funds. — ^Where 
several common school districts are combined into one rural spe- 
cial school district, the school taxes previously levied and collected 
by such common scQiool districts and turned over to the new dis- 
trict are not wrongfully diverted within Art. 14, Sec. 2, of the 
constitution, since all the money so collected will 'he expended for 
the benefit of the inhabitants of such district. Bonner v. Snipes, 
103 Ark., 298. 

©CHiOODS.— Formation of rural special school district. — Ter- 
ritory once organized and established into a rural special school 
district, under act of May 31, 1909, as amended by act April 7. 

152 



DIGEST OF SCHOOL LAWS 

1911, can not be cut off and included within anotOier rural special 
school district. Crow v. Special District No. 2, 102 Ark., 401. 

Sec. 7696. — Special free school .districts .may .bor- 
row money. 1. All special fre.e school districts in th!e 
State of Arkansas are hereby authorized and empower- 
ed for the purpose of raising funds for the erection and 
equipment of ne.cessary school buildings, to borrow 
money and mortgage the real property of the district as 
security therefor, unde.r such conditions and regulations 
as to amount, time and manner of payment as the board 
of directors of said school district shall prescribe, and 
renew and extend from time to time, any evide.nce of in- 
debtedness or mortgage, or both, issued or made by vir- 
tue thereof, and to refund such indebtedness and exe- 
cute new evidences of indebtedness and mortgages 
therefor. (Act 25, Approved Feb. 1th, 1913.) 

Sec. 7697. Notes and warrants valid. — Said evi- 
dence of indebtedness, v/hether warrants or promissory 
notes, or both, and mortgages, shall be in form in all 
respects as other instruments of like kind are required 
'by law to be, and shall have the same force and effect as 
they would if executed by natural persons, and the war- 
rants shall have the same validity as they would if there 
,v/ere money in the county treasury to pay the same at 
the time, they were drawn, and may be drawn payable in 
the future and need not be registered with the county 
treasury until the time for payment, but shall be drawn 
upon the building fund and paid out of it in the order of 
their date, as the building fund is provided and collected 
by successive levy and collection, and said special school 
■dii^tricts shall be allowed in law or equity no defense 
merely by reason of the fact that it is a school district. 
ilbid, Sec. 2.) , 

153 



DIGEST OP SCHOOL LAWS 

Sec. 7698. District shall have rights of natural' 
person. — Nothing in this act shall be so construed as to 
prevent or cut off from any such school district any 
right in, law or equity which a .natural person might 
claim and assert in like circumstances; and in any ac- 
tion by or against said districjt arising on any instrument 
or contract made under this act, the district shall, as far 
as practicable, be deemed and treated as natural persons. 
{lb., Sec. S.) 

This general act impliedly repealed the special act passed 
earlier the same session authorizing special school of Fordyce to 
borrow money to the amount of $15, 000.00. Hampton v. Hickey, 
S8 Ark. 324, 114 S. W. 707. 

STATE BOARD OF EDUCATION. 

{State High School Board.) 

Sec. 7699-a (See Sec. 7484-a) — Board created; 
composed of tvhom. 1. A board consisting of the State 
Superintendent of Public Instruction, the President of 
the University of Arkansas, and a city superintendent 
of schools or a high school principal of this State, said 
superintendent or high school principal to be appointed 
by the Governor, is hereby established, said board shall 
be known as the State High School Board, and shall per- 
form any duties hereinafter prescribed until such time 
as a State Board of Education is created by the Legis- 
lature. When said State Board of Education is created 
the duties hereby conferred upon the State High School 
Board shall devolve upon said State Board of Education. 
The city superintendent, or high school principal, con- 
stituting the third member of said board as herein pro- 
vided, shall hold his office for a period of four years and 
until his successor is appointed and qualified, unless a 
State Board of Education is created before the expira- 



154 



DiIOEST OF SCHOOL LAWS 

tion of said four years. When said State Board of Edu- 
cation is created, said State High School Board shall 
turn over its records and all unexpended funds held by 
it together with all other property to the State Board of 
Education. The members of the State High School 
Board, as provided for herein shall not receive any 
compensation for their services on said board other than 
traveling and necessary expenses incident to the per- 
formance of their duties in carrying out the terms of 
this Act. Provided, the State Superintendent of Public 
Instruction shall receive no compensation for any ex- 
penses as a member of said board. (Acts 1911, Act 328. 
Approved May SOth, 1911.) 

Sec. 7699-h.— Board to organize. 2. Said State 
High School Board (State Board of Education) shall 
organize by electing one of its members chairman and 
one secretary. It shall adopt such rules and regulations 
for the conduct of its business as it may deem expedie.nt. 

Sec 7699-c.— To classify High Schools of State. 3. 
It shall be the duty of said State High School Board 
{State Board of Education) to classify the high schools 
of the State, receiving aid as provided herein, mto four 
year high schools, three year high schools and two year 
high schools and establish normal training departments 
in such four year high schools as provided herein. 

Sec. 1699-d.— Board to designate schools in which 
normal training may be established. 4. The State High 
School Board (State Board of Education) shall designate 
the four year high schools in which normal training de- 
partments shall be established and shall prescribe the 
courses of study to be adopted and taught in said schools 
in connection with the regular high school courses. Said 

155 



DIGEST OF SCHOOL LAWS 

board shall determine by proper examination, the qualifi- 
cations of all teachers employed in said normal depart- 
ments and approve their selection. The object of said 
normal department i^s to instruct teachers in the best 
Riethods of organization, teaching and managing the 
common schools of the State. 

Sec. 7699-e. — To he only one of any such schools in 
any one county. — The State High School Board (State 
B-ocjM 'of Edudation) shall not aid more than one high 
school in any one county for normal training purposes ; 
shall not designate for normal training purposes any four 
year high school having fewer than three teachers devot- 
ing their entire times to high school instruction, in addi- 
tion to the normal training teacher. Any school receiving 
aid from the State High School Board {State Board of 
Education) for the training of teachers, as herein provid- 
ed shall provide, at its own expense,, a professional libra- 
ry for said, school to- be approved by the State Superin- 
tendent of Public Instruction. No student shall be gradu- 
ated from the normal training department of said school 
wh© has not completed the full four years' course pre- 
scribed for high schools, including the normal school 
v/ork. All money received from the State in aid of high 
schools having a normal training department shall be 
expended for teaching in the normal training department. 
Acts 1911, Act 328. Approved May 30, 1911. 

Sec. 7699-f. — Graduates to he licensed without fur- 
t'lter examination. — The Superintendent of Public In- 
struction shall issue to graduates of normal training de- 
partments, as herein provided, who are of good moral 
character, a certificate, entitling them without further 
examination to a license to teach in any of the common 
schools of this State for a period of two years. After 



156 



DIGEST OF SCHOOL. LAWS 

twelve months of successful teaching- said certificate mr.y 
be raised to a full normal training school certif icate* with- 
out further examination of the holder thereof, which 
shall entitle him to teach in any of the common schools of 
the State for a period of six years ; provided, the holder 
of said certificate shall pursue, the professional course of 
reading prescribed by the State Superintendent of Pub- 
he Instruction. Authority is hereby conferred upon said 
State Superintendent of Public Instruction to revoke for 
good cause shown, any certificate issued in pursuance of 
the terms and provisions of this Act. {Acts 1911, Act 
328. Aqjproved Maij 30, 1911.) 

Sec. 7699-^. — Who entitled to free tuition. — All chil- 
dren of any county, in which is located a high school re- 
ceiving State aid as herein provided, who shall have fin- 
ished the elementary course of study as prescribed by the 
State Superintendent of Public Instruction shall, on ap- 
plication, be admitted to said high school free of tuition, 
as provided herein. (Acts 1911, Act 328. Approved May 
30, 1911.) 

Sec. 7699-/1. — Pupil to. furnish elementally certifi- 
,cate. — Any pupil, whether of the county in which said 
•high school is located, or other county, desiring to avail 
himself of the provisions of this Act shall present to the 
principal of said high school a certificate from the princi- 
pal of the school in which he finished his elementary 
course, showing that he has completed same. Said certifi- 
cste shall be approved by the county examiner, or county 
si.pexintendentof the county from which said pupil- comos 
Said certificate shall also show that said pupil is of good 
moral character. If the principal of said high school is 
not satisfied with the evidence produced as to the qualifi- 
cations and character of said applicant, he may require 



157 



DIGEST OF SCHOOL LAWS 

said applicant to submit to further examination. (Acts 
1911, Act 328. . Approved May 30, 1911.) « , . v . 

Sec. 7699-i. — All teachers to be admitted free. — All 
teachers of common schools in any county of this State, 
regardless of their age, in which is located a high school, 
receiving State aid, as provided herein, shall ywithout 
charge, be admitted to said schools. Any teacher, desiring 
to take advantage of this Act, shall present to the princi- 
pal of said school a certificate from the county examiner, 
or county superintendent, of the county in vi^hich said 
school is located, showing that he is a teacher in the com- 
mon schools of the county and entitled to free tuition un- 
der this Act. (Acts 1911, Act 328. Approved May 30, 
1911.) 

Sec. 7699-y. — Those not entitled to free tuition to pay 
$1.50 in advance. — The tuition of students who are resi- 
dents of a county having no high school, desiring to at- 
tend high school shall be $1.50 each month in advance. 
It shall be the duty of the district from which a pupil 
comes, to pay said tuition out of the common school fund 
belonging to the district; provided, said district is finan- 
cially able to maintain its common school or schools six 
months during each year. In the event said district has 
not sufficient funds to maintain its school or schools six 
months in the year, then the pupil applying for admission 
in said high school shall pay the tuition herein specified. 
{Acts 1911, Act 328. Approved May 30, 1911.) 

Sec. 769 9- A:. — Tuition how paid. — It shall be the 
duty of the school board of any district under obligation 
to pay the tuition provided for under this Act, having a 
pupil or pupils attending the high school, to draw its war- 
rant in favor of the school board of said high school at- 

158 



DIGJEST OF SCHOOL LAWS 

tended by said pupil upon receipt of bills from the secre- 
tary of the school board of said high schools. (Acts 
1911, Act 328. Approved May 30, 1911. 

Sec. 7699-1. — Board to supervise distribution of all 
funds. — The State High School Board {State Board of 
Education) shall supervise the distribution of all funds 
derived in aid of high schools ; prescribed rules and regu- 
lations governing the distribution of all funds received; 
require annual reports from all high schools receiving 
state aid; prepare and publish courses of study for said 
schools and require general conformance to such courses 
of study as may be prescribed for said schools and pro- 
vide for the inspection of said high schools. Authority is 
hereby conferred upon the State High School Board 
(State Board of Education) in its discretion to withdraw 
aid from any and all schools failing to comply with the 
terms and conditions of this Act. 

Sec. 7699-m. — Wlmt city schools not entitled to stats 
aid. — No State aid for general school purposes shall be 
granted to a school in any city or town having over 3500 
inhabitants, as shown by the last census ; provided, that 
this restriction shall not apply to state aid for the en- 
couragement of normal training. State aid shall not be 
granted to a high school with fewer than twenty-five 
high school students; provided, State aid may, at the dis- 
cretion of the State High School Board (State Board of 
-Education) for a period not to exceed two /ears, be ex- 
tended to rural high schools having not fewer than fifteen 
high school students. The funds received for Stale aid 
to high schools shall be expended in the payment of the 
salaries of high school teachers only and State aid shall 
be granted to no school for whose support the district, m 
which said school is located, does not expend upon its 

159 



DI&EST OF SCHOOL LAWS 

high school department an amount equal to the aid ex- 
tended by the State. 

Sec. 7699-n. — Funds, hotu distributed. — In the dis- 
tribution of State Aid for general high school develop- 
ment, the board may, at its discretion, grant to any four 
year high school in any one year, in sums not to exceed 
eight hundred ($800.00) dollars; to a three year high 
school in any one year, any sum not to exceed six hundred 
($600.00) dollars; to a two year high school in any one 
year, any sum not to exceed four hundred ($400.00) dol- 
lars; provided, said board shall not grant to the schools 
of any one county more than five per cent of the total 
funds provided by this Act for aid to high schools. In 
distributing aid for normal training the boara may not 
appropriate annually to any one high school over one 
thousand ($1,000.00) dollars; provided further, that no 
high school shall receive annually for general high school 
development and normal training an amount in excess of 
one thousand ($1,000.00) dollars. 

Sec. 7699-0. — Makes appropriation. — For the purpose 
of defraying the expense of said board and carrying out 
the terms and conditions of this Act in developing and 
aiding high schools, as herein provided, the sum of forty 
thousand ($40,000.00) dollars, or so much thereof as may 
be necessary is hereby appropriated out of the common 
school fund of the State, each year ; and for the purpose 
of normal training in normal training departments to 
said high schools, as provided herein, the sum of ten 
thousand ($10,000.00) dollars, or so much thereof as may 
be necessary is hereby appropriated out of the common 
school fund of the State, each year. 

Sec. 7699-p. — How money expended. — All moneys 
?-'50 



DIGEST OF SCHOOL LAW& 

expended by the State High School Board (State Board 
of Education) , under the terms of this Act, shall be by 
certificate to the State Auditor, signed by the chairman 
and secretary of said board. The State Auditor on pre- 
se,ntation of said certificate, properly signed, shall issue 
his warrant on the State Treasurer for the amount named 
in the certificate and it shall be the duty of the State 
Treasurer to pay the county treasurer of the county where 
in the high school, receiving the State aid specified in the 
certificate, upon which said warrant was issued, is situ- 
ated, the amount thereof, out of any unexpended balance 
of money appropriated by this Act, remaining in the. State 
Treasury. The county treasurer, receiving money under 
the terms of this Act, shall place the same to the credit of 
the district in which is situated the high school receiving 
such State aid and such money for the purpose as herein 
provided, may be drawn from the county treasury upon 
the warrants of the directors of said school district, as 
provided by law. .Provided, no officer shall receive any 
commission or per cent for handling any of the funds ap- 
propriated or disbursed under the terms of this Act. 

Repealing Clause : All laws and parts of laws in 
conflict with this Act are hereby repealed, and this Act 
being for the protection of the public peace, health and 
safety, shall go into effect and be in force from and after 
its passage. (Approi>ed May 3>0,1911.) 

SCHOOL LANDS. 

Sec. 7700. Inhabitants may petition for sale. — 
Whenever the inhabitants of any congressional township 
in this state shall desire the sale of the sixteenth section 
of such ownership, or of any lands substituted therefor, or 
any which have been or may be mortgaged to the State 

161 



DIGEST OF SCHOOL LAWS 

t)f Arkansas for the use of the school fund, which after 
foreclosure and sale have been stricken off to the State of 
Arkansas, they may, by written petition, signed by a 
majority of the adult male inhabitants of such township 
require the collector of taxes, or if there be no collector, 
then the sheriff of the county wherein such land is situ- 
ated to sell the same. For the purpose of making sales 
of any of the lands mentioned in this section, the sheriff 
is hereby vested with all powers now conferred by law 
upon collectors, 

i The authority to direct a sale of the sixteenth section of land 
is v-ested in the male inhajbitants of the Congressional township 
in which it lies. The county court (has the right to reject the sale 
iw^hen made, but in doing so, should direct that it be ,resold at a 
^minimum price not exceeding its full value, and nc^t less than two- 
jthirds of its appraiseiment, nor less than $1.25 per acre. Ex parte 
.Youli'g, 74 Ark. 363, 8'5 S. W. 1133. 

Sec. 7701. Collector shall divide land. — Upon the 
reception of such petition, the collector shall ascertain 
tliat it is signed by a majority of the male inhabitants of 
such township and shall immediately proceed to divide 
the land into 40-acre tracts, and after making such divis- 
ion, a statement or plat of same and number of each 
tract shall be made so that the boundaries may be de- 
fined and ascertained, which statement or plat of the sec- 
tions shall be used as a guide in advertising and selling 
said lands; provided, the collector may, when necessity 
requires it, call the county surveyor of his county to as- 
sist in such survey and division, and he shall be allowed 
and paid out of the funds arising from the sale of such 
school lands by said collector such compensation as he is 
'allowed by law for similar services, and the receipt of 
Such surveyor to said collector shall be, a sufficient vouch- 
er for the money so paid. 



162 



DIGEST OF SCHOOL LAWS 

, Directors can confer no authority to cut timber on school 
lands, and one who does so by their authority, under an agree- 
.ment with them to pay the value, commits a trespass for whidh he 
,may be sued by the state. Widner v. State, 4& Ark., 172. The 
V,€^al title to school lands is in the state, and a school district 
^•cannot maintain an action for such lands. lb.; School District v. 
^Driver, 50 Ark., 346. See State v. Morgan, 52 Ark., 150. 

Sec. 7702. No tract more than forty acres. — In 
subdividing the sixteenth section land for sale no tract 
shall contain more than forty acres, and the division may 
be made into town or city lots with roads, streets or alleys 
between them. 

Sec. 7703. Land shall he appraised. — The collector 
shall cause each tract or sub-division of such school land 
to be appraised at a fair value by three disinteresetod 
householders of the county, each of whom shall take an 
oath which shall be endorsed upon the appraisement that 
he does not desire or intend to buy said land or any part 
thereof, and that he will not direcly or indirectly be or 
become interested in the purchase thereof at the sale, co 
be made by the collector; such appraisement shall be ro- 
turne.d to the collector. 

Sec. 7704. Compensation of appraisers. — When 
any sheriff in any county in this state shall summon any 
householder to view and appraise any sixteenth section 
lands, as is now provided by law, said appraisers shall re- 
ceive for their services the sum of one dollar and fifty 
cents per day for each day they are engaged in such ser- 
vice; and it is the duty of the sheriff to certify to the 
county court the number of days that appraisers have been 
detained on or by reason of such services, which certifi- 
cates shall be sufficient evidence for the auditing, allow- 
ance and payment of said claim by said county court. 

Sec. 7705. Collector shall (five notice of sale. — The 

1G3 



DK^EST OF SCHOOL LAWS 

collector shall then give notice that he will sell the said 
school lands at the court house door of the county on the 
first day of the next term of the county court upon the 
terms prescribed by law. Such notice shall be published 
in some newspaper published in the county where the land 
is situated at least four weeks before the day of the sale. 
If there be no newspaper published in said county, then 
the collector shall post up written notices in at least six 
of the most public places of the county four weeks before 
the day of the sale. 

The collector shall also in either case put up a copy 
of the notice upon the schoolhouse situated on the land, 
if there be one thereon; if not, at the most pubic place on 
the land. 

Sec. 7706. Land sold at public sale — When held. — 
Upon the day of sale the collector shall offer the lands 
at public auction in separate subdivisions, beginning with 
number one and ending with the last mentioned division. 
Sudh sale shall be made between the hours of 12 m. and 
3 p. m., but may be continued from day to day at the 
same place and between the same hours until all have 
been sold or offered. The sale shall be made for cash. If" 
any bidder shall fail to perfect his bid by paying the cash, 
the collector shall immediately resell the land and the bid- 
der shall be responsible for the difference between his bid 
and the price at which the land scfld, which may be recov- 
ered from him by the collector, in action for the use of the 
township, and the collector shall, if necessary, at once in- 
stitute suit against such bidder to re.coyer the amount of 
difference between his bid and the price at which the 
land sold. No tract or sub-division shall be sold for less 
than three-fourths of its appraised value; provided, no- 
tract or sub-division of the sixteenth section lands shall 



164 



DIGEST OF SCHOOL LAWS 

'he sold at a less price than one dollar and twenty-five 
cents per acre. If any tract offered is not sold it may be 
offered again upon like notice, upon the first day of the 
next, or any succeeding term of the county court, and so 

• on until sold without a new petition. 

Sec. 7707. County court may reject or approve sale, 
— The collector shall, without delay, report all sales to 
the county court, which may reject or confirm the same. 
If any sale be rejected, the county court may direct the 
collector to again advertise and offer the land, and may 
specify the minimum price at which the tract or tracts 
may be sold, not to be less than two-thirds of its appraised 
value. . Provided, no tract or sub-division of the sixteenth 
section lands shall be sold at a less price than one dollar 
and twenty-five cents per acre. If the sale be confirmed 
by the county court the collector shall execute and deliv- 
e. to the purchaser a certificate in the following form : 

I, , collector in and for the county of 

, state of Arkansas, certify that 

has purchased of section , in township 

range , containing acres at 

'dollars per acre, and has paid to me in full the sum of 
dollars. The expense of this sale was: 

Cost of advertising, $ 

Cost of order of confirmation, $ 

Cost of rejection of prior sale, $ 

Surveyor's fee (if any), $ 

Collector's commission, per cent, $ 

Leaving a net balance of $ in my hands due 

the sixteenth (16) section fund account of this county. 

Now, therefore, upon the presentation of this cer- 
tificate to the commissioner of state lands, the said 



UP) 



DIGEST OF SCHOOL JUAWiS 

his heirs or assigns, shall be entitled to a deed from said 
commissioner of state lands for the tract of land above 
described. 



Collector of County. 

In all cases proper orders of confirmation or rejec- 
tion shall be entered on record by the county court. 

^ The statute was intended to give the court authority to rej-ect 
;the sale on laccount of inadequacy of price as well as on account 
of irregularities or unfairness. In no other way could the court 
■completely protect the interest of tJhe public. Williams v. State, 
(70 Ark., ,291, -88 IS. W. ^80. 

. TITLE TO WHAT LANDS QUIETED. 

Sec. 7707-a.— 1. That Sec. 1 of Act 183 of Acts of 
1905 of State of Arkansas be amended to read as follows : 

That any person claiming to own land in the 
State known as Sixteenth Section, or School land, and 
who is in actual possession, and whose claims are based 
on a regular and unbroken chain of title, dating back to 
1889, and to whose claim there is no adverse claimanr, 
and on which lands the taxes have been regularly paid, 
that all title, legal or equitable, that the State of Arkan- 
sas may have or appear to have, in any such land, is here- 
by vested in such owner, or parties, now holding and hav- 
ing possession of such Sixte,enth Section land, as de- 
scribed above. And the State Land Commissioner, upon 
such proof being made to him, is hereby directed to exe- 
cute a deed conveying to said parties all the right and 
title the State may have in such lands. 

Repealing Clause : That all laws in conflict here- 
with are hereby repealed, and this Act shall be in force 

166 



DIGEST OF SCHOOL LAWS 

from and after its passage. {Acts 1911, Act 10. 4/;- 
proved Feb. 2, 1911.) 



Sec. 7708. Collector shall pay costs. — Out of the 
money received by the collector for the sale or sales of 
the sixteenth section lands, he shall pay the cost of adver- 
tising, cost of confirmation order, cost of rejection of sale 
(if any), surveyor's fees (if any), and he may retain for 
his services two per cent, of the. gross amount received 
<by him for the sale of such land ; the residue of the mo- 
ney received for the. sale of said land, after deducting the 
expenses as are above provided for, he shall at once 
transmit to the treasurer of state, who shall place the 
amount to the credit of the county's sixteenth section 
fur>d to which it rightfully belongs. 

Sec. 7709. Taxes on school land — Clerk's duty. — 
The county clerks of the several counties in this state 
shall examine carefully and closely the tax books of the.ir 
respective counties and ascertain what person or persolis 
are paying taxes on any part or parts or the whole of 
the sixteenth section lands, and it shall be the further 
duty of the county clerks after ascertaining from the tax 
books the names of any person or persons paying taxes 
on any of the sixteenth section lands, and the numbeis 
of said lands, to examine the record of deeds and find by 
what authority and whether any title or titles vest in 
said person or persons in whose name or names said lands 
are assessed, and shall on or before the first Monday in 
September, eighteen hundred and eighty-five, make and 
forward to the commissioner of state lands a full and 
complete statement of the exact status and condition of 
zW of the sixteenth section lands in their respective coun- 
ties. The county clerks shall be allowed the sum of forty 

167 



DIGEST CXF SCHOOL. U^WS 

dollars each for their services in making this report and 
it shall be paid to them by their respective counties. 

'''^^ Sec. 7710. Clerk shall keep record of funds due 
townships, — The county clerks of the several counties in 
this state shall keep in a well bound book, provided for 
that purpose, correct and accurate accounts with each 
and every township in their several counties, which may 
be entitled to any of the funds under this Act, and shall 
immediately after each and every sale of any part of said 
sixteenth sections certify to the auditor of state the 
amount of moneys received by such collectors on account 
of such sales, and the auditor shall thereupon charge the 
same to such collector. 

Sec. 7711. Penalty for neglect of duty. — A neglect, 
failure or refusal by any county clerk to perform any 
and all duties enjoined upon him by the provisions of this 
act, shall be deemed a misdemeanor, and upon conviction 
thereof, such clerk shall be fined in any sum not less than 
one hundred dollars, nor more than five hundred dollars, 
for each offense, and may be removed from office. 

COLLECTION OF CLAIMS DUE COMMON SCHOOL FUND. 

Sec. 7712. Attorney General shall appoint collec- 
tors. — The attorney general of the state of Arkansas is 
authorized and instructed to employ competent attorneys 
residing in the counties in which the lands are situated 
to collect all claims and notes due the school fund arising 
from the sale of the sixteenth section lands. Before tak- 
ing charge of any such notes or claims, each of said at- 
torneys shall be required to give bond for the faithful 
keeping, collecting and accounting for same, as provided 
for in this act, in double the sum of the amount supposed 

168 



DIGEST OF SCHOOL. LAWS 

to come into his hands, and such security' as shall be ap- 
proved by the circuit judge of the judicial circuit ir<, 
which said attorney resides and such bond when approved 
shall be filed with the commissioner of state lands, and 
the commissioner of state lands shall, w^hen such bond 
has been filed wuth him, turn over, or cause to be turned 
over to the said attorney all notes and claims due the 
school fund pertaining to the sixteenth section lands. 
Said attorney may retain, as fees for collection, ten per 
cent of the gross amount collected by them under the 
provisions of this act. The remainder of said gross 
amount, after deducting their fees, as above provided for, 
shall be by said attorneys transmitted without delay to 
the treasurer of state, who shall place the same to the 
credit of the sixteenth section fund of the county to which 
it rightfully belongs, and said attorneys shall prepare 
and forward to the commissioner of state lands a state- 
nient for each and every collection made by them, setting 
forth the name of the maker of the note or claim, the 
date of same, the dates of all previous pajments (if any) 
made on such note or claim. 

Sec. 7713. Treasurer of state shall issue receipts, — 
All moneys paid into the state treasury arising from the 
sale or collection of notes and claims pertaining to the 
sixteenth section lands, shall be by the state treasurer 
placed to the credit of the county's sixteenth section 
fund, to which said moneys may rightfully belong, and 
the treasurer of state shall, for each pa^nnent to him nn 
account of the sixteenth section fund, issue triplicate ^-e- 
ceipts, one of which receipts shall be filed wuth the audit- 
or of state, one. filed with the commissioner of state lands 
and one given to the party making payment. 

Sec. 7714. Funds to he invested in bonds. — The 

169 



DIGEST OF SCHOOL LAWS 

treasurer of state shall, by and under the. direction of the 
State Board of Education, as soon as practicable after the 
receipt of any moneys paid into the state treasury on ac- 
count of the sixteenth section fund, invest the same ir. 
either United States bonds or bonds of the State of Ark- 
ansas, and as interest accrues on said investment, he 
shall collect same and place to the credit of the respective 
counties' sixteenth section fund accounts, such interest 
oh said investment, in the proportions to which each 
county is properly entitled. 

Sec. 7715. Funds — hoiv clraivn and distributed. — 
The interest accruing to the several counties and town- 
ships that may hereafter be in the state treasury shall be 
drawn out of the treasury in the same manner as nov/ 
provided for by law for drawing other funds due coun- 
ties, and when drawn shall be accounted for by the coun- 
ty treasurer in the same manner as for other county 
funds thus drawn, and the county court shall distribute 
and set apart to the proper townships all such sums and 
funds as shall be due such township, either from the 
! sales of sixteenth sections in such townships, or from 
collection of notes belonging thereto. 

5'EC. 7716. Claims — Turned over to commissioner 
of state lands. — All notes, claims, bonds, papers or evi- 
dences of debt belonging to the. school fund arising from 
the sale or sales of sixteenth section lands, in the hands 
of the county collectors or other persons, shall be, within 
ninety days after the. passage of this act, turned over to 
the commissioner of state lands. 

Sec. 7717. Mu^t pay claims in ninety days. — All. 
county treasurers, collectors or other persons, having ir 

170 



DIGEST OF SCHOOL LAWS 

their possession any funds arising from the sale or sales- 
of the sixteenth section lands, shall, within ninety days 
after the passage of this act, pay the same into the state 
treasury, and the state treasurer shall place the same to 
the credit of the respective counties' sixteenth section 
fund accounts to which said funds do rightfully belong. 
Sec. 7718. — Commissioner shall make deed. — Upon 
the presentation to the commissioner of state lands of 
ary certificate of purchase as specified in Section 7707 
the commissioner shall execute to the purchaser a deed 
for the lands therein described and shall keep a full and 
complete record of all such sales and of the deeds so is- 
sued, and it shall be the further duty of the commissioner 
of state lands to keep as correct records of sale or sales 
of the sixteenth section lands as the reports made to him 
from time to time may enable, him to do. {Act March 31, 
1885, Sec. 2-18.) 

PATENTS. 

Sec. 7727. Title may be made to assignee. — When 
the purchaser of any portion of the common school lands 
has heretofore assigned, or may hereafter assign, the 
certificate, of purchase of such land, the title thereof may 
be made directly to the last assignee of such certificate 
cf purchase, upon full payment of all the purchase money 
and interest due on said land. {Act April 12, 1869, Sec. 
10.) 

Sec. 7728. Commissioner may make deed to heirs. 
— If any person who shall have purchased any portion of 
the sections of school lands from the collector of any of 
the counties of this state, and paid one-fourth the pur- 
chase money therefor- and received a bond for title from 
such collector, shall die before such payment is fully 



171 



DIGEST OF SCHOOL. LAWS 

made, and the executor, administrator, guardian or legal 
representative of such deceased person shall pay or cause 
tr- be paid the balance, if any, that shall be due to the 
collector on such purchase, upon the certificate of the col- 
l(:;ctor of the proper county that the whole of the pur- 
chase money, with all the interest due thereon, has been 
fully paid, the commissioner of state lands shall forth- 
with execute a deed, as is now required by law. to the 
heirs at law of such deceased person. {lb., Sec. 11, as 
amended Act February 16, 1885.) 

Sec. 7729. Land shall stand charged. — The land 
thus conveyed to the heirs shall stand charged with the 
amount of money necessarily advanced to the school fund, 
in order to procure title, and shall, in other respects, be 
chargeable with the rights and incumbrances that would 
have attached had it descended regularly to the same 
heirs. 

Sec. 7730. — Patents made valid. — All patents issued 
for sixteenth section, or any part thereof, or common 
school land during the war between the states and all of- 
ficial acts of the officers of this state, in regard to such 
lands, during the said war, and also all deeds made by the 
common school commissioners of the several counties in 
compliance with an act of the legislature of the stata, 
entitled. ''An act to relieve certain citizens of Arkansas 
who purchased school lands," passed March 4, 1867, are 
hereby confirmed, ratified and made valid, and full faith 
and credit shall be given to said patents, deeds and offi- 
cial acts in all the courts of this state. Provided, nothing 
herein shall be construed to prevent the setting aside of 
any of said deeds or patents for actual fraud or mistake. 

Sec. 7731. Rights of state vested in owner of pat- 

172 



DIGEST OF SCHOOL LAWS 

erts. — Any right, title or interest which the state of Ark- 
ansas may have acquired, or holds by virtue of any judg- 
ment, decree, execution or sale of any court in this stale 
in lands for which patents or deeds have been made and 
issued as mentioned in Section 7730 is hereby vested in 
the proper owners thereof under such deeds or patents. 

Sec. 7732. Attorney may dismiss suits. — The at- 
torney representing the state of Arkansas is hereby in- 
structed and required to dismiss all suits now pending for 
school lands where patents or deeds have been made 
therefor, as specified in Section 7730, or if it does not 
appear on the face of the pleadings filed that such patents 
or deeds have been made, then the patent or deed may be 
pleaded in bar of the suit, or the court may dismiss the 
suit on exhibition and profert of such deed or pate.nt ; and 
where judgment or decree has been entered and sale has 
not been made, the states attorney shall enter satisfac- 
tion in full thereof on the presentation to him of sucJi 
deed or patent. 

Sec. 7733. Commissioner required to execute deed. 
— If any purchaser of school lands shall have paid the 
purchase money thereof, and received no deed or patent 
therefor, or if any person now owing for school lands 
bought shall hereafter pay out his indebtedness therefo;, 
and shall produce to the commissioner of state lands sat- 
isfactory evidence of such payment, the commissioner of 
state lands is authorized and required to execute to su:n 
person, or to his legal representative, a deed conveying 
all the right, title and interest of the state of Arkansas in 
such lands ; but if the payment has not been made before 
suit is begun, the purchaser shall also pay the costs of the 
suit. {Act December 14, 1875, as amended by act March 
31, 1885. Sec. 18, and act of Februhry 16, 1885, Sec. 2.> 

173 



DIGEST OF SCHOOL LAWS 

LEASE OF SCHOOL LANDS. 

Sec. 7734. Lands shall he leased. — All school lands 
i.i any county in this state susceptible of cultivation shall 
bo leased by the county collector of said county from the 
first to the tenth of January in each year. {Act April 
12, 1869, Sec. 12.) 

Sec. 7734-a. — County judges authorized to lease. — 
The county judges of the state of Arkansas are hereby 
authorized and empowered to lease any tract or parcel of 
wild and uncleared sixteenth section school lands situated 
in their respective counties, for a term not exceeding five 
(5) years, on terms satisfactory to said judges, upon the 
lessee entering into a good and sufficient bond to be ap- 
proved by said county (judge) for the faithful perform- 
ance of this lease contract. 

Sec. 7734-&. — Notice of time and place to he given, 
— Whenever the county judge of any county in this state 
shall desire to lease any lands under the provisions of 
this Act, he shall first cause notice of the time and place 
of the leasing of said lands, together with a description 
thereof, to be published in some newspaper published in 
said county, or by posting written or printed notices in 
ten conspicuous places in said county, one of which 
shall be at the court house and one on the land to be 
leased, thirty days before the leasing of the same. 

Sec. 7734-c. — Cleared land to 'he rented annually. — 
All lands cleared and put in cultivation under the pro- 
visions of this act, shall after the expiration of the lease 
contract, be by the sheriff of the county renewed annuaDy 
in the same manner as now provided by law for the rent- 
ing of sixteenth section school lands. 



174 



DIGEST OF SCHOOL LAWS 

Repealing Clause : That this Act shall be in force 
from and after its passage- and that all laws and parts 
of laws in conflict herewith are hereby repealed. (Acts 
1905, Act 156. Approved April 13, 1905.) 

Sec. 7735. Must he leased at puhlic outcry. — The 
manner and terms of leasing said lands {this refers to 
lands mejition in Sectio-n 7734) shall be by public out- 
cry to the highest bidder, the, lessee paying one-half the 
amount of rent in cash at the time of leasing and the 
balance at the end of the year. lb, . l 

Sec. 7736. Tiventy days notice must he given. — At 
least twenty days' public notice of the time and place of 
offering such lands (this refers to lands mentioned in 
Section 7734) for rent or lease shall be given by said col- 
Ir^.ctor by publishing the same in the newspapers of the 
county and by posting up hand bills at the most promi- 
nent points throughout the county. Ih. 

Sec. 7737. Collector may rent privately. — If any 
school lands offered for rent or lease at the time and hi 
the manner above indicated shall not bring such price as 
the collector shall think a reasoonable rent therefor, h-^ 
shall be authorized to rent the same by private contract 
for the ensuing year, or for a longer term if he shall 
deem it expedient. Ih. 

Sec. 7738. Prior occupants required to pay rent. — 
The occupants of school lands prior to the passage of thi.'? 
act shall be required to pay a reasonable annual rental 
during the time said lands have been so occupied. 

Sec. 7739. Usages of other lessees shall govern. — 
The lessees of school lands shall be subject to the same 



175 



DIGEST OF SCHOOL LAWS 

provisions governing the lessees of other property'. Pro- 
vided, it shall not be rented for a less amount than was- 
offered at public sale. lb. 

CUTTING TIMBER OFF SIXTEENTH SECTION. 

Sec. 1929. Unlawful to cut timber. — It shall not De 
lawful for any person to cut or remove any timber or 
stone off the sixteenth sections of school land, for the use 
Ox schools, or any se.ction or fractional section selected in-' 
stead of the sixteenth section. 

TRESPASS ON SCHOOL LANDS. 

Sec. 1932. Penalty for trespass.- — Every trespasser 
upon the school lands shall, upon conviction, be fined in 
three times the. amount of damages done, and shall stand 
committed as in other cases of misdemeanor. {Act April 
12, 1869, Sec. 13. 

ESTRAY FUND. 

*Sec. 7862. Fund shall go to school fund. — Every 
person who shall take up an estray beast which shall not 
be reclaimed by the owner within one year, shall pay into 
the county treasury in which such estray was taken up, 
one half of the residue after deducting all legal expenses 
from the appraised value of the beast, and shall file the 
county treasurer's receipt for the same in the office oi 
the county clerk» and the county clerk shall charge the 
county treasurer with all such funds as shall be paid into 
the treasury, and all such funds shall be aipportioned 
among the several districts of the county, as other funds 
are now apportioned. {Act March 15, 1897.) 



176 



INDEX 



A 

FagQ 

AGRICULTURE AND HORTICL LTLRK: 

Must be taug-ht in public schools 115 

ANNUAL SCHOOL ELECTION: 

Special school districts .....' 141 

ANNUAL SCHOOL MEETING: 
Common School Districts — 

TMio hold meetings, when 87 

Voters' qualifications 87 

Electors, powers of 88 

How held yi 

Ballot contains what 97 

County court to ascertain tax ys 

Return to ccuntj- court y7 

Taxes levied and collected yy 

-APPARATUS H;i 

Common School Districts — 

May spend twenty-five dollars of common school fund. 
Approved by state supenntendent. 
Board may purchase same. 

APPORTION'MENT OF SCHOOL FUND: 

By state superintendent i57 

Basis of 3 / 

Ratified by State Board of Education « 

By county court t»2 

To new districts «iJ 

County examiners report to clerk 64 

County examiners report to superintendent 84 

County clerk report to court 64 

Reimbursement for loss 65 

How refunded 65 

ARBOR DAT: 

First Saturday in March. Act April 2:., 1905. 

ATTENDANCE OFFICER: 

(See Compulsory Attendance) IJ, 29 

ATTORNEY GENERAL: 

Duties, school fund 168 

Opinion of, when given 38 

AUDITOR: 

Superintendent has access to books 38 

AUTHENTICATION [ 4-' 

Of any paper or document. 



B 



BLANKS: 

To be furnished by state superintendent 4i', 34 



177 



INDEX 

I'age 
Directors may secure, from whom .— 34 

BALLOT. 

Contains what ; y^, ^^ 

BOOK AGENTS: 

State superintendent not to act as 39 

County examiner not to act as 39 

BOUNDAHY LINES': 

Of school districts changed by court 61 

Petitioned by electors 63 

Must give notice Ki 

BUILDINGS : 

Report to be made of 121 

Care of, by directors 108 

Site for, how designated 88 

Funds for, how- provided 108 

Board may purchase 145 



C 



CERTIFICATES: 

State ~ 39 

Professional 40 

State-wide first grrade 7 

Normal training certificate 156 

County, requirements for 82 

Revocation of 81 

Notice of revocation 82 

Renewal of, Act 311 43, 44 

Teacher must hold 109 

CHARTERS 

For educational institutions. (See Act 375 of 1911.) 

CHARTS, GLOBES, ETC.: 

May be purchased by 113 

Amount expended for .•...113 

CLERK BOARD OF DIRECTORS: 

Keep records 120 

Make report 121 

COLLECTORS: 

Duties as to per capita tax 31 

COMMISSIONERS, COMMON SCHOOL: 
(See State Board of Education) 

COMMON SCHOOL (See Free Schooli. 

COMMON SCHOOL FUND: 

Collection . of 31 

Debts due 168 

County treasurer's commission on 138 

Managed by State Board of Education 5 

Sources of — 

State tax, three mills 29 

Sale of lands, gifts, etc 29 



178 



INDEX 

I'age 

Doubtful funds ' v,j 

COMPULSORY ATTENDANCE .....12 to -"^ 

List of counties affected ''jj 

CONSOLIDATED DISTRICTS 4y et seq 

CONTRACTS TO TEACH: 

Wiho may contract luy 

On what conditions Kjj 

Must be written in triplicate 109 

Petition required, when ill 

CORPORAL PUNISHMENT ..li'5 

(See notes and decisions). 

COUNTY CLERKS; 

Report to county court 64 

Notice when examiner is appointed 7S 

Receive directors reports 121 

COUNTY COURT: 

Apportionment by 62 

Apportionment of doubtful funds 30 

Appoint directors 58 

Change of districts 4d et seq. 

To appoint county examiners 65 

Transfers 126 et seq. 

Appoint uniformity board lUU 

Call election (Act 321) 151 

COUNTY EXAMINERS (See Examiner) 65 et seq. 

COUNTY, NEW: 

Reimbursed for loss 6b 

COUNTY SUPERINTENDENT 66 et seq. 

(Act of 1907). 

COUNTY UNIFORMITY OP TEiXT BOOKS (See Text Books) 99 et seq. 

COURSE OF STUDY 1" 



D 



DEBTS DUE SCHOOL FUND 32 

DICTIONARIES (See Charts) 113 

DIRECTORS 1U4 et seQ. 

How elected 8«. 141. 92 

May not be county examiners 78 

When to qualify 104. 14:; 

Who to administer oath 105 

Penalty for refusing to serve 105 

Penalty for nonperformance of duty 105, 123, 130 

Penalty for failure to report tax 130 

Qualifications 88 

Vacancy, how filled 106 

Must establish separate schools 106 

Have general charge 108 

Must contract with teachers lOtf 

Must certify to their reports 123 

Must adopt text-books 114 

Mu.st furnisii register 116 

179 



INIDEX 

Jr-age 

Must visit the scliools 117 

Must, submit estimate 117 

Must defend for district 118 

Must draw orders on treasurer US 

Must not employ teachers in certain cases - Ill 

Duties of clerk of board 120, 147 

Must report to county clerk 1^1 

Must report to county examiner 12- 

Must not employ relatives Ill 

Must settle with county treasurer 123 

May borrow money 153, 151, 54 

IVlay permit elder persons to attend school 125 

May suspend pupils 124 

Duties at to compulsory attendance 12 to 2^ 

Duties' at to rules 125 

Duties as to transferred children 128 

Duties as to private schools 129 

ilxempt from working- roads 130 

For separate school districts 139 et seq. 

Penalty for false oath 123 

Lee Day to be observed 114 

Must close schools in certain cases - 129 

Penalty for fraud 13 i 

Must give notice of election 119. 142 

Require teaching of agriculture 115 

Require teaching of physiology and Hygiene 114 

May insure school buildings 113 

DISTRICTS: 

Common 45 et seq. 

Special 139 et seq. 

Consolidated 49 et seq. 

Rural Special 15^ 

Tax limit 11 

Dissolution of «ji 

Boundaries of 45 

Changes of 45 

S'tyle and name of 46 

New districts 4>< 

Transfers from one to another 12« 

Must be numbered 85 

Inhabitants of to be encouraged, how 83 

In two or more counties 57 et seq. 

Notice of change 45 

Number required for formation 48 

New district liable for debt 49 

Shall be known by name of city 148 

Eminent domain 46. 47 



E 



EL.E3CTION: 

School S7, 140. 50. 9; 



180 



INIDEX 

Page 

Who maj' vote 87 

How to organize 88 

"What may be done at 88, yo 

Who to hold yi 

Time for opening- and closing polls 93. 142 

Forms of ballots 92, 97, 99, 60, 9o 

Who to count 97 

Duties of election judges 97, 142 

Duty of county clerk 98 

Duty of county court 98 

In separate school districts 141 

County uniformity of text books 99 

When held 141, 99, 92, 87 

ELECTORS: 

Must have poll lax receipt 87 

Powers of 88 

Qualifications 87, 150 

i;lementary agriculture ii»i 

EMINENT DOMAIN 4(> 

ENUMERATION: 

Report, contains what 122 

When taken 122, 

Duty of whom 122 

Penalty for failure 123 

ESTIMATE OF DIRECTORS: 

Must include v/hat 117 

ESTRAY FUND 17t> 

EXAMINATIONS: 

Must be public and quarterly 79 

Private : 80 

Re -examination 81 

Where held Vtf 

Professional 40 

State 39 

State-wide first grade 7 

County examiner 78 

Fees , 79 

EX A DONERS: 

Appointment of t>5 

Duties of clerk 78, 86 

Duties of judge t>& 

Duties of state superintendent a 78 

Examination of ~ 78 

Expenses of 8B 

General duties of 7y 

How removed 4&> 

Institutes must be held by 43 • 

Lee Daj' to be observed 114' 

May not be a director 78 



181 



INDEX 

I'age 

Must hold public quarterly examinations 79 

Must keep record of licensed teachers. 83 

Must prepare a report 84 

Must number school districts 85 

Must encourage the people 83 

Penalties for failure to perform his duties 86 

Qualifications 66 

Require agriculture to be taught 116 

Revocation of license 8:i 

Salary of 78 

Must take oath 77 

Time to report 84 

Must furnish pupils certificates 86 

May renew license 44 

Exempt from road duty 130 

Chairman of uniformity board 100 

May not be book agent 39 

EXEMPTIONS: 

From road duty 130 

(Who are exempt 130 



F 



FREE SCHOOLS: 

Definition of 3 

High schools may be -. 147 

Failure of county to receive school fund 65 

Fund, common school 29 

Claims due, how collected 3:^ 

Limit of taxes for 11, S8 

Per capita tax for li 

Power to tax for 11 

Right to attend 3 

Support of „ 3 

What may be taught in 10, 82 

FUNDS: 

Common school :i9 

Treasurers to report 138 

Treasurer's commission on 138 

To be invested 5> 

How apportioned 37, 6 

How paid out of state treasury 6 

Estray fund ._ ~ 17« 



G 



GLOBES, ETC.: 

Who may purchase 113 

By whose authority 113 

GRADED COURSE OF STUDY: 

Shall consist of what 41, 114, 115 

Shall be prepared by whom 10 

Must be used in schools 42 



182 



liNDlEX 

Page 

GRADES OF CERTIFICATES rSee Certificates). 

H 

HIGH SCHOOLS": 

Who shall establish 145 

State aid for 154 et seq. 

Hygiene 114 

I 

INCOMPETENCY OF TEACHER: 

May be removed for 81 

Contract no defense for 146 

INSTITUES: 

County examiner to hold i'6 

Teachers must attend 43 

County superintendent to hold 74 

Who may assist 44 

Shall hold how long 4ii 

Must be held in June 43 '^^ 

Must not be held during examination 133 

INSTITUTIONS OF LEARNING. 

Charters granted 7 

(See Act 375 of 1911). 

INSURANCE: 

Directors may insure building 113 

INSULTING TEACHER: 

Penalty for 136 

J 

JUDGE, COUNTY (See County Court i. 

L 

LEASE OF SCHOOL LANDS: 

Must be leased publicly 174 

Notice must be given 1/4 

Collector may rent privately 17b 

Usages shall govern 175 

LEE DAY 114 

LICENSES TO TEACH (See Certificates). 

IM 

MAPS (See Charts). 
MAYOR: 

Duties of in separate tiisiri'is 140 

MONTH: 

Term defined - H^ 



N 



NOTICE: 

Of annual s( hciol meeting' liy 



183 



liNDEX 

rage 

Of compulsory attendance 12, 29 

Of change in district 61 

For formation of separate districts 140 

For lease of school lands 174 

For revocation of license 8a 

For change of site, etc 119 

NORMAL TRAINING HIGH SCHOOL. CERTIFICATJi: 156 



O 



OATH OF OFFICE OF DIRECTORS 105, 143 

OFFICERS : 
See- 
State Superintendent. 
County Superintendent. 
County Examiner. 
Directors. 
Attendance Officer. 



P 



PATENTS 171. ITS 

PERMANENT SCHOOL FUND 29 

PETITION: 

For Consolidated Districts 50 

For separate districts 140 

For transfer - 1:^6 

To employ teachers related to directors Ill 

For rural special districts 151 

PHYSIOLOGT 114 

POLL BOOKS: 

To be used by directors in annual meeting : 34 

To be furnished, by whom 34 

To be returned, to whom 97 

PRIVATE SCHOOLS: 

Directors may permit 129 

PROSECUTING ATTORNEY: 

Duties as to school fund 139 

On violation of law, duty of. ...139 

PUBLIC SCHOOLS (See Free Schools). 

PUBLISHERS: 

Must furnish bond 102 

Must furnish samples 103 

PUNISHMENT : 

Who may administer 125 

May not be too severe 125 







QUESTIONS: 

To be furnished by state siaperintendent 79 

Shall be sealed 79 

Shall be opened when 79 



184 



LXUEX 

I'age 



R 



RACES, SEPARATE SCHOOLh' FOR 106, i-ti 

REMOVAL: 

Of teacher H^ 

Of county examiner 4o 

RENEWAL OF LICENSE 44, 15ti 

REPORT: 

Of state superintendent 35 

Of county examiner >>4 

Of school directors to county examiners 122 

Of school directors to county clerk 121 

Of county . superintendent 72 

Of teachers by 

REVOCATION OF LICENSE: 

Of teacher 70, 146, SI 

Of county examiner 45 

RIGHTS: 

Of district over funds 62 

Of parties transferred 12S 

Of Directors — 

In common school districts 104 et seq. 

In special school districts Ii5» et seq. 

In consolidated districts 51 et seq. 

Of Electors 140, 141, 142, 87-91, 92, 50. 151 

RULES: 

Directors may make 106, 124, 145 

Teachers enforce 131 et seq., 147 

RURAL SPECIAL DISTRICTS 151 



SALARY: 

Of Examiners — 

Shall not exceed what 7S 

Fee for report !<•> 

Fee for expenses Sit; 

Of County Superintendents 74, 75 

SCHOOL DIRECTORS (See Directors). 

SCHOOL DISTRICTS (See Districts). 

SCHOOL LANDS: 

Inhabitants may petition for sale 161 

Shall be appraised ittS 

Shall give notice of sale 163 

Sale shall be public 164 

Court may affirm sale of 165 

SCHOOLS (See Free Schools). 

SCHOOLS FOR CITIES' AND TOWNS (See Special School Districts). 

SCHOOLHOUSES: 

Tax must be voted for 11, S8 

Directors to have charge of and contract for 108 



185 



INOJEX 

I'age 

Not lawful to fix a site for, or vote tax for, when ll'J 

Private school may be taught in 129 

Penalty for defacing 13& 

In special districts, board has power to act 145 

SCHOOL LAWS: 

State superintendent to publish 38 

SEAL OF STATE SUPERINTENDENT: 

Shall adopt il 

He shall affix seal 38 ^^ 

State Board of Education ll'"''^ 

SECTARIAN BOOKS PROHIBITED 134 

SEPARATE SCHOOL DISTRICTS (See Special School Districts). 

SEPARATE SCHOOLS: 

For both races 1U« 

When not exceeding ten 126 

SINGLE DISTRICTS (See Spec'al School Districts). 

SITES FOR SCHOOLS 119. 91. 145 

SIXTEENTH SECTIONS 30, 174, 161 et seq. 

SPECIAL SCHOOL DISTRICTS: 

Monthly meeting of board 144 

May borrow money 153 

Organization of 13y 

Powers of board 143 et seq. 

Board shall control property 148 

Taxes paid to district treasurer :31, HI 

Shall be known by name of city 148 

Limits coincide with city 139 

Right of eminent domain 46 

Rural special districts, elections 92 et seq. 

When not in incorporated towns 92. 151 

General school laws shall apply, when 150 

STATE BOARD OF EDUCATION: 

Organization 3, 4. 5 

Common school fund 4, 5 

Grant charters V 

State-wide first grade licenses ' 

State licenses 

General powers 

State high school board 154 et seq. 

ST' ATE SUPERINTENDENT OF PUBLIC INSTRUCTION: 

Chairman State Board of Education 3 

Apportionment by 37 

General duties of 33 et seq. 

To publish laws and render decisions 38 

Vacancy in office 39 

Not to act as agent 39 

To grant state certificates 39, 40 

Must examine county examiner 78 

Report of, includes what 35 

Shall furnish examination questions 33 

To grant professional licenses 4f 

180 



INDEX 

Fage 
' Shall adopt seal 4^^ 

Advise special districts ..—150 

Prepare program for I^ee Day 114 

SUITS AT LAW: 

Directors' duties .....118 

May employ lawyers 118 

SUPERVISION OF PUBLIC SCHOOLS: 

To whom confined '6'd 

See — 

State Superintendent. 

County Examiner. 

County Superintendent. • t ; 

School Directors. :!.-r! 

SUSPENSION OF PUPILS: 

In whom vested 1^:4 

For what causes 124-^ 



TAX LEVY 11, 5>8: 

TEACHERS : 

Assistants must hold license 109 

Assistants must have contract Ill) 

Cannot suspend pupils rJ4 

Causes for revocation of license 81 

Certificates, grades of 39, 40, 82, 9, 156. 7 

Certificates expiring while teaching, effect of 131 

Examination of 79 

Moral character of 80 

Must pay fees to county treasurer 79-- 

Must contract with directors 109 

Must hold license 131 

Must use register 134 

Must report infraction of rules 124 

Must believe in a supreme being 81 

Must teach only subjects on certificate 83 

Must attend county institutes 43 

Must not permit sectarian teaching 134 

Penalty for failure to report 134 

Penalty for teaching without license 131 

Power as to rules 124. 125 

Power as to corporal punishment 125 

What teachers must report 116 

With certain vices, may not teach 81 

Wages, how affected by revocation 82 

Removal of 81, 8:J 

Must teach adopted books 102, 114 

Must present petition, when related to any one of 
directors Hi 

TEACHERS INSTITUTES (See Institutes). 

VEXT BOOKS: 

Directors to adopt 114 



187 



IN/D'EX 

i'age 

Uniformity of yy e; seq. 

How adopted yy 

Who shall appoint boai-d 100 

Duty of publishers 102, 103 

Compensation of board 101 

Examinei shall be chairman 100 

Special districts may accept 103 

TRANSFERS: 

GenQral power i:i() et seq. 

Colored children, ten or less 126 

White children, ten or less 126 

Taxes of izj 

Rights of transferred persons to vote 128 

Persons transferred may be director 128 

Can be made only into adjoining districts 128 

TREASURER: 

State a 

County 79, 136, 137, 138 

Orders of directors upon 119, 134 

Duties as to funds of transferred children 129 

Commission on school fund 138 

Report to state superintendent 138 

Notice of funds 137 

Keep record of warrants !.136 

Pay warrants in order of registration 137 • ; 

TRESPASS: 

Penalty for 15f5 

TUITION: 

iWTio to pay 126, 145 ; 



U 



T'NIFORMITY OF TEXT BOOKS (See Text Books 



V 



VACANCIES: 

In office of superintendent of public instruction 39 

In office of examiner .' 65, 45 

In office of director 105, 144 

VISITS: 

Of county superintendent 71 

i , Of directors 117 

I f . In separate districts ' 149 



W 



WARRANTS: 

Must be di-awn by whom IIS, 147 

By whom paid 119 

Unlawful for certain officers to own 136 

District tax payable by warrant 136 

Paid in order of registration 138 

Time for presentation ■ 13S 

Of special districts 147, loS 



138 












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020 975 491 5 



